{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-521-21","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-521-21)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-11-02","fingerprint":"ewai:eu:f6410a","proof":"sha256:0262d9828360c7f27658fcfb12b168169e37e2e280c66da7e5ed032dc540cb6b","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-521-21","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"Provisional text","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Grand Chamber)","paragraphs":[]},{"title":"24 March 2026 ( * )","paragraphs":["para_4","para_5","para_6"]},{"title":"MJ","paragraphs":["para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18","para_19","para_20","para_21","para_22","para_23","para_24","para_25","para_26","para_27","para_28","para_29","para_30"]},{"title":"Judgment","paragraphs":["para_32","para_33"]},{"title":"Legal context","paragraphs":[]},{"title":"The Constitution","paragraphs":["para_36","para_37"]},{"title":"4         Under Article 186(1) of the Constitution:","paragraphs":["para_39"]},{"title":"5         Article 187 of the Constitution provides:","paragraphs":["para_41","para_42","para_43","para_44","para_45","para_46","para_47"]},{"title":"The Law on the KRS","paragraphs":["para_49","para_50","para_51","para_52"]},{"title":"7         Article 44 of the Law on the KRS provides:","paragraphs":["para_54","para_55","para_56","para_57"]},{"title":"The Law on the Supreme Court","paragraphs":["para_59","para_60","para_61","para_62"]},{"title":"The Code of Civil Procedure","paragraphs":["para_64","para_65","para_66","para_67","para_68"]},{"title":"11       In accordance with Article 48 of the Code of Civil Procedure:","paragraphs":["para_70","para_71","para_72","para_73","para_74"]},{"title":"12       Article 49 of that code provides:","paragraphs":["para_76"]},{"title":"13       Article 50 of that code provides:","paragraphs":["para_78","para_79"]},{"title":"3.      Until a decision has been made on the application for the recusal of a judge:","paragraphs":[]},{"title":"(1)      the judge concerned by that application may continue the proceedings;","paragraphs":[]},{"title":"(2)      no decision or measure putting an end to the proceedings may be adopted.’","paragraphs":[]},{"title":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraphs":["para_84","para_85","para_86","para_87","para_88","para_89","para_90","para_91","para_92","para_93","para_94","para_95","para_96","para_97","para_98","para_99","para_100","para_101","para_102","para_103"]},{"title":"Procedure before the Court","paragraphs":["para_105"]},{"title":"The jurisdiction of the Court","paragraphs":["para_107","para_108","para_109","para_110"]},{"title":"Admissibility","paragraphs":["para_112","para_113","para_114","para_115","para_116","para_117","para_118"]},{"title":"Consideration of the questions referred","paragraphs":[]},{"title":"Preliminary observations","paragraphs":["para_121","para_122"]},{"title":"The second question","paragraphs":["para_124","para_125","para_126","para_127","para_128","para_129","para_130","para_131","para_132","para_133","para_134","para_135","para_136","para_137","para_138","para_139","para_140","para_141","para_142","para_143","para_144","para_145","para_146","para_147","para_148","para_149","para_150"]},{"title":"The first question","paragraphs":["para_152","para_153","para_154","para_155","para_156","para_157","para_158","para_159","para_160","para_161","para_162","para_163","para_164","para_165","para_166","para_167","para_168","para_169","para_170","para_171","para_172","para_173","para_174","para_175","para_176","para_177","para_178","para_179"]},{"title":"Costs","paragraphs":["para_181"]},{"title":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraphs":["para_183","para_184","para_185","para_186","para_187","para_188"]}],"paragraphs":[{"text":"Provisional text","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Grand Chamber)","paragraph_id":"para_2"},{"text":"24 March 2026 ( * )","paragraph_id":"para_3"},{"text":"( Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Judicial independence – Second subparagraph of Article 19(1) TEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – National legislation and ca …","paragraph_id":"para_4"},{"text":"In Case C‑521/21,","paragraph_id":"para_5"},{"text":"REQUEST for a preliminary ruling under Article 267 TFEU from the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu (District Court, Stare Miasto w Poznaniu, Poznān, Poland), made by decision of 23 July 2021, received at the Court on 23 August 2021, in the proceedings","paragraph_id":"para_6"},{"text":"MJ","paragraph_id":"para_7"},{"text":"v","paragraph_id":"para_8"},{"text":"AA,","paragraph_id":"para_9"},{"text":"interested parties:","paragraph_id":"para_10"},{"text":"Rzecznik Praw Obywatelskich,","paragraph_id":"para_11"},{"text":"Prokurator Prokuratury Okręgowej w Poznaniu,","paragraph_id":"para_12"},{"text":"THE COURT (Grand Chamber),","paragraph_id":"para_13"},{"text":"composed of K. Lenaerts, President, T. von Danwitz, Vice-President, F. Biltgen, I. Jarukaitis (Rapporteur), M.L. Arastey Sahún, I. Ziemele, J. Passer, O. Spineanu-Matei and M. Condinanzi, Presidents of Chambers, A. Kumin, D. Gratsias, M. Gavalec, Z. Csehi, B. Smulders, and R. Frendo, Judges,","paragraph_id":"para_14"},{"text":"Advocate General: D. Spielmann,","paragraph_id":"para_15"},{"text":"Registrar: M. Siekierzyńska, Administrator,","paragraph_id":"para_16"},{"text":"having regard to the written procedure and further to the hearing on 7 January 2025,","paragraph_id":"para_17"},{"text":"after considering the observations submitted on behalf of:","paragraph_id":"para_18"},{"text":"–        MJ, by himself,","paragraph_id":"para_19"},{"text":"–        the Rzecznik Praw Obywatelskich, by J. Roszkiewicz and M. Taborowski,","paragraph_id":"para_20"},{"text":"–        the Prokurator Prokuratury Okręgowej w Poznaniu, by M. Smętkowski,","paragraph_id":"para_21"},{"text":"–        the Polish Government, by B. Majczyna, B. Grabowska-Moroz and M. Rzotkiewicz, acting as Agents,","paragraph_id":"para_22"},{"text":"–        the Belgian Government, by M. Jacobs, C. Pochet, L. Van den Broeck and M. Van Regemorter, acting as Agents,","paragraph_id":"para_23"},{"text":"–        the Danish Government, by V. Pasternak Jørgensen and M. Søndahl Wolff, acting as Agents,","paragraph_id":"para_24"},{"text":"–        the Netherlands Government, by M.K. Bulterman and J. Langer, acting as Agents,","paragraph_id":"para_25"},{"text":"–        the Finnish Government, by H. Leppo, acting as Agent,","paragraph_id":"para_26"},{"text":"–        the Swedish Government, by A. Runeskjöld and H. Shev, acting as Agents,","paragraph_id":"para_27"},{"text":"–        the European Commission, by K. Herrmann and P.J.O. Van Nuffel, acting as Agents,","paragraph_id":"para_28"},{"text":"after hearing the Opinion of the Advocate General at the sitting on 29 April 2025,","paragraph_id":"para_29"},{"text":"gives the following","paragraph_id":"para_30"},{"text":"Judgment","paragraph_id":"para_31"},{"text":"1         This request for a preliminary ruling concerns the interpretation of Article 2, Article 6(1) to (3) and Article 19(1) TEU, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).","paragraph_id":"para_32"},{"text":"2         The request has been made in proceedings between MJ and AA, two traders, concerning a claim under a contract for the provision of services.","paragraph_id":"para_33"},{"text":"Legal context","paragraph_id":"para_34"},{"text":"The Constitution","paragraph_id":"para_35"},{"text":"3         Pursuant to Article 179 of the Konstytucja Rzeczypospolitej Polskiej (Constitution of the Republic of Poland; ‘the Constitution’):","paragraph_id":"para_36"},{"text":"‘The President of the Republic shall appoint judges, on a proposal from the Krajowa Rada Sądownictwa [(National Council of the Judiciary, Poland) (“the KRS”)], for an indefinite period.’","paragraph_id":"para_37"},{"text":"4         Under Article 186(1) of the Constitution:","paragraph_id":"para_38"},{"text":"‘The [KRS] shall safeguard the independence of courts and judges.’","paragraph_id":"para_39"},{"text":"5         Article 187 of the Constitution provides:","paragraph_id":"para_40"},{"text":"‘1.      The [KRS] shall be composed as follows:","paragraph_id":"para_41"},{"text":"(1)      the First President of the [Sąd Najwyższy (Supreme Court, Poland)], the Minister for Justice, the President of the [Naczelny Sąd Administracyjny (Supreme Administrative Court, Poland)] and a person appointed by the President of the Republic,","paragraph_id":"para_42"},{"text":"(2)      15 elected members from among the judges of the [Sąd Najwyższy (Supreme Court)], the ordinary courts, the administrative courts and the military courts,","paragraph_id":"para_43"},{"text":"(3)      4 members elected by [the Sejm (Lower Chamber of the Parliament of the Republic of Poland; ‘the Lower Chamber’)] from among its deputies and 2 members elected by [the Senate (Upper Chamber)] from among its Senators.","paragraph_id":"para_44"},{"text":"…","paragraph_id":"para_45"},{"text":"3.      The term of office of those elected as members of the [KRS] shall be four years.","paragraph_id":"para_46"},{"text":"4.      The organisational structure, the scope of activity and procedures for the work [of the KRS] as well as the procedure by which its members are elected shall be laid down by law.’","paragraph_id":"para_47"},{"text":"The Law on the KRS","paragraph_id":"para_48"},{"text":"6         In accordance with Article 9a of the ustawa o Krajowej Radzie Sądownictwa (Law on the National Council of the Judiciary) of 12 May 2011 (Dz. U. No 126, item 714), as amended by the ustawa o zmianie ustawy o Krajowej Radzie Sądownictwa oraz niektórych innych ustaw (Law amending the Law on the National Council of the Judiciary and certain other laws) of 8 December 2017 (Dz. U. of 2018, item 3) (‘the Law on the KRS’):","paragraph_id":"para_49"},{"text":"‘1.      The Lower Chamber shall elect, from among the judges of the [Sąd Najwyższy (Supreme Court)] and of the ordinary, administrative and military courts, 15 members [of the KRS] for a joint term of four years.","paragraph_id":"para_50"},{"text":"2.      In the election referred to in paragraph 1, the Lower Chamber shall, as far as possible, take into account the need for representation within [the KRS] of judges from various types and levels of courts.","paragraph_id":"para_51"},{"text":"3.      The joint term of office of the new members [of the KRS], elected from among the judges, shall begin on the day following the day of their election. The members [of the KRS] appointed for the previous term of office shall perform their duties until the day on which the joint term of office of the new members [of the KRS] begins.’","paragraph_id":"para_52"},{"text":"7         Article 44 of the Law on the KRS provides:","paragraph_id":"para_53"},{"text":"‘1.      A participant in the procedure may appeal to the [Sąd Najwyższy (Supreme Court)] on the grounds that the resolution [of the KRS] is unlawful, unless separate provisions provide otherwise. …","paragraph_id":"para_54"},{"text":"1a.      In individual cases concerning an appointment to a judicial post at the [Sąd Najwyższy (Supreme Court)], an appeal may be lodged with the [Naczelny Sąd Administracyjny (Supreme Administrative Court)]. In those cases, it is not possible to lodge an appeal with the [Sąd Najwyższy (Supreme Cou …","paragraph_id":"para_55"},{"text":"1b.      Unless all the participants in the procedure have challenged the resolution referred to in Article 37(1) in individual cases concerning an appointment to a judicial post at the [Sąd Najwyższy (Supreme Court)], that resolution [of the KRS] becomes final in the part comprising the decision to …","paragraph_id":"para_56"},{"text":"2.      Appeals shall be lodged through the Przewodniczący [(President of the KRS)], within two weeks of notice of the resolution [of the KRS] with its statement of reasons. …’","paragraph_id":"para_57"},{"text":"The Law on the Supreme Court","paragraph_id":"para_58"},{"text":"8         The ustawa o Sądzie Najwyższym (Law on the Supreme Court) of 8 December 2017 (Dz. U. of 2018, item 5) established, in particular, within the Sąd Najwyższy (Supreme Court), the Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs, Poland).","paragraph_id":"para_59"},{"text":"9         Article 26 of the Law on the Supreme Court, as amended by the ustawa o zmianie ustawy – Prawo o ustroju sądów powszechnych, ustawy o Sądzie Najwyższym oraz niektórych innych ustaw (Law amending the Law relating to the organisation of the ordinary courts, the Law on the Supreme Court and certain other laws) of 20 December 2019 (Dz. U. 2020, item 190) provides, in paragraphs 2 and 3 thereof:","paragraph_id":"para_60"},{"text":"‘2.      [The Chamber of Extraordinary Control and Public Affairs] shall have jurisdiction to hear applications or declarations concerning the recusal of a judge or the designation of the court before which the proceedings must be conducted, including complaints alleging a lack of independence of th …","paragraph_id":"para_61"},{"text":"3.      The application referred to in paragraph 2 shall not be examined if it concerns the establishment and the assessment of the lawfulness of the appointment of a judge or of his or her power to perform judicial duties.’","paragraph_id":"para_62"},{"text":"The Code of Civil Procedure","paragraph_id":"para_63"},{"text":"10       Under Article 47 of the ustawa – Kodeks postępowania cywilnego (Law on the Code of Civil Procedure) of 17 November 1964 (Dz. U. No 43, item 296), in the version applicable to the main proceedings (‘the Code of Civil Procedure’):","paragraph_id":"para_64"},{"text":"‘1.      At first instance, the court shall adjudicate sitting as a single judge, unless otherwise provided by a specific provision.","paragraph_id":"para_65"},{"text":"…","paragraph_id":"para_66"},{"text":"3.      Rulings given without a hearing shall be made by a court adjudicating as a single judge.","paragraph_id":"para_67"},{"text":"…’","paragraph_id":"para_68"},{"text":"11       In accordance with Article 48 of the Code of Civil Procedure:","paragraph_id":"para_69"},{"text":"‘1.      A judge shall be recused by operation of law:","paragraph_id":"para_70"},{"text":"(1)      in cases to which he or she is a party or in which he or she has a legal relationship with one of the parties such that the outcome of the proceedings would affect his or her rights or obligations;","paragraph_id":"para_71"},{"text":"…","paragraph_id":"para_72"},{"text":"(5)      in cases in which he or she participated, in a lower instance, in the adoption of the contested act, as well as in cases concerning the validity of an act examined by him or her or drawn up with his or her participation, as well as in cases where he or she acted as prokurator [(public prosecutor, Poland)];","paragraph_id":"para_73"},{"text":"…’","paragraph_id":"para_74"},{"text":"12       Article 49 of that code provides:","paragraph_id":"para_75"},{"text":"‘Irrespective of the grounds set out in Article 48, the court shall, upon application of the judge or of a party, recuse a judge if circumstances exist which are such as to give rise to reasonable doubt as to the impartiality of that judge in the case concerned.’","paragraph_id":"para_76"},{"text":"13       Article 50 of that code provides:","paragraph_id":"para_77"},{"text":"‘1.      Parties shall apply for the recusal of a judge in writing or by means of an oral statement made to the court before which the case in question is pending, giving reasons for their application.","paragraph_id":"para_78"},{"text":"2.      Furthermore, parties who participated in the hearing must demonstrate that the circumstance relied on in support of recusal arose or was brought to their attention only subsequently.","paragraph_id":"para_79"},{"text":"3.      Until a decision has been made on the application for the recusal of a judge:","paragraph_id":"para_80"},{"text":"(1)      the judge concerned by that application may continue the proceedings;","paragraph_id":"para_81"},{"text":"(2)      no decision or measure putting an end to the proceedings may be adopted.’","paragraph_id":"para_82"},{"text":"The dispute in the main proceedings and the questions referred for a preliminary ruling","paragraph_id":"para_83"},{"text":"14       The dispute in the main proceedings is between two traders concerning a claim under a contract for the provision of services.","paragraph_id":"para_84"},{"text":"15       That contract is a commercial transaction, within the meaning of Article 2(1) of Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ 2011 L 48, p. 1). In his action, the applicant in the main proceedi …","paragraph_id":"para_85"},{"text":"16       By letter of 21 May 2021, the defendant in the main proceedings applied for the recusal of Judge S.C., who is hearing the case in the main proceedings. According to that defendant, that judge was not validly appointed to the judicial post. The defendant has submitted that the resolution con …","paragraph_id":"para_86"},{"text":"17       Judge S.C. has argued that there is no circumstance capable of giving rise to doubts as to her impartiality and that there is therefore no reason to exclude her from the examination of that case.","paragraph_id":"para_87"},{"text":"18       The application for the recusal of that judge was submitted for examination to the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu (District Court, Stare Miasto w Poznaniu, Poznān, Poland), which is the referring court, sitting as a single judge hearing that application.","paragraph_id":"para_88"},{"text":"19       In that context, the referring court is uncertain as regards certain factors attending the appointment of that judge. More specifically, that court states that that judge was appointed by the President of the Republic of Poland to a judicial post at the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu (District Court, Stare Miasto w Poznaniu, Poznān), on a proposal of the KRS in its new composition.","paragraph_id":"para_89"},{"text":"20       In that regard, the referring court states that three candidatures for the judicial post in question were submitted, including that of S.C., who had been principal assistant to a judge at the Sąd Okręgowy w Poznaniu (Regional Court, Poznań, Poland) since 2016. The referring court states tha …","paragraph_id":"para_90"},{"text":"21       By Resolution No 611/2018 of 4 December 2018, the KRS selected, from the three candidatures submitted, that of S.C. and made a proposal to the President of the Republic of Poland that she be appointed to that judicial post. The two other candidates did not lodge an appeal against that resolution on the basis of Article 44(1) of the Law on the KRS. On 14 March 2019, the President of the Republic of Poland decided to appoint S.C. to that judicial post.","paragraph_id":"para_91"},{"text":"22       In that context, the referring court has doubts, first, whether the procedure for the appointment of Judge S.C. is consistent with EU law, in particular in view of the composition of the KRS and its role in that procedure and the lack of an effective remedy against that appointment for the …","paragraph_id":"para_92"},{"text":"23       In that regard, the referring court states, first, that the KRS is, pursuant to the Constitution, a body that is essential to the autonomy of the judiciary, responsible for safeguarding the independence of judges and courts. Accordingly, the composition and functioning of that body must mee …","paragraph_id":"para_93"},{"text":"24       Second, the referring court notes that the examination of appeals brought against resolutions of the KRS relating to proposals for appointments to judicial posts is entrusted to the Chamber of Extraordinary Control and Public Affairs, composed exclusively of persons designated following an …","paragraph_id":"para_94"},{"text":"25       In those circumstances the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu (District Court, Stare Miasto w Poznaniu, Poznān) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:","paragraph_id":"para_95"},{"text":"‘(1)      Must [Article 2 and Article 19(1) TEU] and Article 6(1) to (3) TEU, read in conjunction with Article 47 of [the Charter], be interpreted as meaning that a court is not a tribunal established by law in the case where it includes in its composition a person appointed to a judicial post in that court as a result of a procedure in which:","paragraph_id":"para_96"},{"text":"(a)      the person to be appointed to the post by [the President of the Republic of Poland] was selected by the current [KRS], which was elected contrary to Polish constitutional and statutory provisions, is not an independent body and no representatives of the judiciary were elected to it independently of the executive and the legislature and, therefore, no motion for appointment to a judicial post as provided for under national law was effectively lodged;","paragraph_id":"para_97"},{"text":"(b)      the participants in the competition for appointment to the post had no right of appeal to a court [or tribunal] within the meaning of [Article 2 and Article 19(1)] TEU and Article 6(1) to (3) TEU, read in conjunction with Article 47 of the Charter?","paragraph_id":"para_98"},{"text":"(2)      Must Article 2 and Article 19(1) TEU, read in conjunction with Article 47 of the Charter, be interpreted as meaning that, where a court includes in its composition a person appointed in the circumstances described in [the first question] above:","paragraph_id":"para_99"},{"text":"(a)      those provisions preclude the application of provisions of national law which place the review of the lawfulness of the appointment of such a person to a judicial post within the exclusive jurisdiction of [the Chamber of Extraordinary Control and Public Affairs] composed exclusively of pers …","paragraph_id":"para_100"},{"text":"(b)      those provisions require, in order to ensure the effectiveness of EU law, provisions of national law to be interpreted in a manner that allows a court to exclude, of its own motion, such a person from hearing the case on the basis of the rules, applicable by analogy, which govern the exclusion of a judge who is incapable of deciding cases ( iudex inhabilis );","paragraph_id":"para_101"},{"text":"(c)      those provisions require the national court, in order to apply EU law and achieve the effet utile , to disregard a judgment of the national constitutional court in so far as that judgment declares it incompatible with national law to hear a motion for the exclusion of a judge on the ground …","paragraph_id":"para_102"},{"text":"(d)      those provisions require the national court, in order to apply EU law and achieve the effet utile , to disregard a judgment of the national constitutional court if it prevents the implementation of an order of the Court of Justice … granting interim measures, which orders the suspension of …","paragraph_id":"para_103"},{"text":"Procedure before the Court","paragraph_id":"para_104"},{"text":"26       By decisions of the President of the Court of 23 March 2022 and 11 January 2024, the proceedings were, respectively, stayed pending the final decision in Joined Cases C‑181/21 and C‑269/21 and resumed.","paragraph_id":"para_105"},{"text":"The jurisdiction of the Court","paragraph_id":"para_106"},{"text":"27       The Prokuratura Okręgowa w Poznaniu (Regional Public Prosecutor’s Office, Poznań, Poland) claims that the Court has no jurisdiction to hear and determine the request for a preliminary ruling on the ground, in essence, that the questions referred concern the organisation of justice, an area which does not fall within the competence of the European Union.","paragraph_id":"para_107"},{"text":"28       In that regard, it is clear from settled case-law that, although it is true that the organisation of justice in the Member States falls within the competence of those Member States, the fact remains that, when exercising that competence, the Member States are required to comply with their o …","paragraph_id":"para_108"},{"text":"29       Furthermore, the objection thus raised by the Regional Public Prosecutor’s Office, Poznań, relates, in essence, to the actual scope of the provisions of EU law set out in the questions referred and, therefore, to the interpretation of those provisions. Such an interpretation clearly falls w …","paragraph_id":"para_109"},{"text":"30       The Court therefore has jurisdiction to rule on the request for a preliminary ruling.","paragraph_id":"para_110"},{"text":"Admissibility","paragraph_id":"para_111"},{"text":"31       The Regional Public Prosecutor’s Office, Poznań, submits, in the first place, that the questions referred are hypothetical, given that the referring court has not put forward any specific circumstance such as to indicate that Judge S.C. failed to guarantee her independence or that she was irregularly appointed.","paragraph_id":"para_112"},{"text":"32       In that regard, it must be noted that those questions seek, first, to enable the referring court to assess the compatibility of the national legislation governing the appointment of judges, in particular the appointment of that judge, with, inter alia, the second subparagraph of Article 19( …","paragraph_id":"para_113"},{"text":"33       It must be stated that the arguments thus relied on by the Regional Public Prosecutor’s Office, Poznań, concerning the guarantees of independence provided by Judge S.C. relate, in essence, to the scope and, therefore, to the interpretation of the provisions of EU law to which the questions …","paragraph_id":"para_114"},{"text":"34       Those questions cannot therefore be regarded as hypothetical.","paragraph_id":"para_115"},{"text":"35       In the second place, the Regional Public Prosecutor’s Office, Poznań, submits that the referring court failed to comply with the obligation laid down in Article 94(c) of the Rules of Procedure of the Court of Justice as regards the description of the reasons why it is uncertain about the interpretation of the provisions of EU law concerned and of the relationship between those provisions and the national legislation at issue in the main proceedings.","paragraph_id":"para_116"},{"text":"36       In that regard, it must be stated that the request for a preliminary ruling contains all the information required by Article 94(c) of those rules of procedure, in particular the content of the national provisions at issue in the main proceedings, the reasons which prompted the referring cou …","paragraph_id":"para_117"},{"text":"37       The request for a preliminary ruling is therefore admissible.","paragraph_id":"para_118"},{"text":"Consideration of the questions referred","paragraph_id":"para_119"},{"text":"Preliminary observations","paragraph_id":"para_120"},{"text":"38       It is apparent from the grounds of the order for reference, first, that the questions referred concern, in essence, the interpretation of the principle of independence and impartiality of courts and tribunals, as laid down in the second subparagraph of Article 19(1) TEU and in Article 47 of …","paragraph_id":"para_121"},{"text":"39       In those circumstances, it is necessary to examine the questions referred only in the light of the second subparagraph of Article 19(1) TEU and Article 47 of the Charter, without it being necessary to interpret also Article 6(1) to (3) TEU, since the referring court has not stated the reasons why it is asking the Court about the interpretation of that latter provision.","paragraph_id":"para_122"},{"text":"The second question","paragraph_id":"para_123"},{"text":"40       By its second question, which it is appropriate to examine in the first place, the referring court asks, in essence, whether the second subparagraph of Article 19(1) TEU and Article 47 of the Charter must be interpreted as precluding legislation of a Member State and case-law of that Member …","paragraph_id":"para_124"},{"text":"41       As a preliminary point, it should be noted that, as is recalled, in essence, in paragraph 28 above, although the organisation of justice in the Member States, in particular the establishment, composition, jurisdiction and functioning of the national courts, including as regards the procedur …","paragraph_id":"para_125"},{"text":"42       In that regard, the principle of effective judicial protection, referred to in the second subparagraph of Article 19(1) TEU, is a general principle of EU law stemming from the constitutional traditions common to the Member States, which has been enshrined in Articles 6 and 13 of the Convent …","paragraph_id":"para_126"},{"text":"43       Moreover, in so far as the Charter sets out rights corresponding to rights guaranteed under the ECHR, Article 52(3) of the Charter is intended to ensure the necessary consistency between the rights enshrined in the Charter and the corresponding rights guaranteed under the ECHR, without ther …","paragraph_id":"para_127"},{"text":"44       That said, it should be recalled that every Member State must, in accordance with the second subparagraph of Article 19(1) TEU, ensure that the bodies which are called upon, as ‘courts or tribunals’ within the meaning of EU law, to rule on questions relating to the application or interpreta …","paragraph_id":"para_128"},{"text":"45       In the present case, the referring court is called upon to examine the application for the recusal of a judge on the ground that that judge was not validly appointed. Nevertheless, under the provisions of Polish law, as interpreted by the Trybunał Konstytucyjny (Constitutional Court), the r …","paragraph_id":"para_129"},{"text":"46       In that regard, after the request for a preliminary ruling was made, the Court held, in essence, in paragraphs 201 and 386 of the judgment of 5 June 2023, Commission v Poland (Independence and private life of judges) (C‑204/21, EU:C:2023:442), that the Republic of Poland, by adopting and ma …","paragraph_id":"para_130"},{"text":"47       In the case which gave rise to that judgment, the Court upheld the first and second complaints raised by the European Commission, which concerned, inter alia, the compatibility with the second subparagraph of Article 19(1) TEU in conjunction with Article 47 of the Charter of Article 42a(1) …","paragraph_id":"para_131"},{"text":"48       In that regard, it must be borne in mind that the Court reached that conclusion after noting, inter alia, that Article 26(3) of the Law on the Supreme Court precludes the Chamber of Extraordinary Control and Public Affairs from being able, following the transmission to that chamber by anoth …","paragraph_id":"para_132"},{"text":"49       That conclusion was also based, in part, on the fact that, in essence, the national rules referred to in paragraph 46 above were, because of the prohibitions and disciplinary offences they impose on judges of the Sąd Najwyższy (Supreme Court) and all the ordinary and administrative courts, …","paragraph_id":"para_133"},{"text":"50       It is clear from the second subparagraph of Article 19(1) TEU that the Member States are required to ensure that there is effective judicial review enabling, where appropriate, the lawfulness of the judicial appointment procedure to be reviewed. That obligation stems from the very requireme …","paragraph_id":"para_134"},{"text":"51       Furthermore, the second subparagraph of Article 19(1) TEU imposes on the Member States a clear and precise obligation as to the result to be achieved, which is not subject to any condition as regards the independence which must characterise the courts called upon to interpret and apply EU l …","paragraph_id":"para_135"},{"text":"52       It is settled case-law that any national court, hearing a case within its jurisdiction, has, as an organ of a Member State, the obligation to disapply any provision of national law which is contrary to a provision of EU law with direct effect in the case pending before it (judgments of 24 J …","paragraph_id":"para_136"},{"text":"53       Thus, where it is proved that the second subparagraph of Article 19(1) TEU has been infringed, the principle of the primacy of EU law requires national courts that are called upon to apply EU law, in the exercise of their jurisdiction, to disapply, of their own motion, the provisions of nat …","paragraph_id":"para_137"},{"text":"54       Furthermore, it is clear from settled case-law that a national court, having exercised the discretion conferred on it by the second paragraph of Article 267 TFEU, must, if necessary, disregard the rulings of a higher national court, including a constitutional court, if it considers, having …","paragraph_id":"para_138"},{"text":"55       In that regard, the Court held, in the judgment of 18 December 2025, Commission v Poland (Ultra vires review of the Court’s case-law – Primacy of EU law) (C‑448/23, EU:C:2025:975, paragraph 196), that the Republic of Poland had, in the light of the interpretation of the Constitution given b …","paragraph_id":"para_139"},{"text":"56       It follows that a Polish court is required to disregard the rulings in the judgment of the Trybunał Konstytucyjny (Constitutional Court) of 14 July 2021, in so far as that judgment upholds the prohibition, for any national court, on ascertaining whether another body meets the requirements of EU law as regards the guarantee of an independent and impartial tribunal previously established by law.","paragraph_id":"para_140"},{"text":"57       In the present case, in the light of the considerations set out in paragraphs 41 to 56 above, in a situation such as that at issue in the main proceedings, in which the referring court is called upon to examine an application seeking the recusal of a judge on the basis of the circumstances …","paragraph_id":"para_141"},{"text":"58       It must be noted, however, that it is apparent from the file before the Court, and in particular from the observations made at the hearing, that irregular appointments to judicial posts are systemic in Poland. According to that file, more than 3 000 judges, that is to say, approximately 30% …","paragraph_id":"para_142"},{"text":"59       In that regard, as has been stated, in essence, in paragraph 44 above, the second subparagraph of Article 19(1) TEU requires each Member State to establish and maintain a judicial system capable of ensuring that the bodies that come within that system and that have jurisdiction to rule on actions in the fields covered by EU law meet the requirements of effective judicial protection, which includes the requirement of independence.","paragraph_id":"para_143"},{"text":"60       In view of the systemic nature of irregular appointments, a case-by-case assessment of compliance with the requirement of a ‘tribunal previously established by law’, in procedures for recusal on the basis of the circumstances in which the judges in question were appointed, cannot, in princi …","paragraph_id":"para_144"},{"text":"61       That is all the more so since the existence of systemic or generalised interferences with the independence of the national judiciary resulting from such irregular appointments is also liable to undermine the proper functioning of the preliminary ruling procedure, which constitutes an essent …","paragraph_id":"para_145"},{"text":"62       Furthermore, it must also be noted that the European Court of Human Rights, ruling in accordance with the pilot-judgment procedure in its judgment of 23 November 2023, Wałęsa v. Poland (CE:ECHR:2023:1123JUD005084921), held, in essence, that the interrelated systemic problems identified require appropriate legislative and other measures on the part of the Polish State intended to address the problems of judicial independence linked to the reforms in that State.","paragraph_id":"para_146"},{"text":"63       Accordingly, in order, first, to restore public trust in the judicial system and to ensure observance of the principle of the separation of powers, and second, to guarantee the continuity and effectiveness of the functioning of justice, including the effectiveness of the preliminary ruling …","paragraph_id":"para_147"},{"text":"64       The second subparagraph of Article 19(1) TEU does not, however, impose on the Member States a single model for ensuring effective judicial protection or for restoring the trust that the public has lost in the judicial system as a result of systemic irregularities in the appointments to judicial posts.","paragraph_id":"para_148"},{"text":"65       Thus, the Member States have a broad discretion as regards the specific content of the legislative framework established for that purpose, provided, however, that that framework ensures, by means of objective criteria, that only those irregularly appointed persons who have provided sufficient guarantees of independence and impartiality may continue to perform their duties.","paragraph_id":"para_149"},{"text":"66       In the light of all the foregoing considerations, the answer to the second question is that the second subparagraph of Article 19(1) TEU, Article 47 of the Charter and the principle of the primacy of EU law must be interpreted as precluding legislation of a Member State and case-law of that …","paragraph_id":"para_150"},{"text":"The first question","paragraph_id":"para_151"},{"text":"67       By its first question, the referring court asks, in essence, whether the second subparagraph of Article 19(1) TEU and Article 47 of the Charter must be interpreted as precluding classification as an ‘independent and impartial tribunal’ of a judicial panel consisting of a single judge who wa …","paragraph_id":"para_152"},{"text":"68       In that regard, as recalled in paragraph 42 above, the principle of effective judicial protection referred to in the second subparagraph of Article 19(1) TEU is a general principle of EU law stemming from the constitutional traditions common to the Member States, which has been enshrined, inter alia, in Article 6(1) of the ECHR, and is now reaffirmed in the second paragraph of Article 47 of the Charter.","paragraph_id":"para_153"},{"text":"69       The guarantees of access to an independent and impartial tribunal previously established by law, and in particular those which determine what constitutes a tribunal and how it is composed, represent the cornerstone of the right to a fair trial. Checking whether, as composed, a court constit …","paragraph_id":"para_154"},{"text":"70       According to settled case-law, the guarantees of independence and impartiality thus required under EU law presuppose rules, particularly as regards the composition of the body concerned and the appointment, length of service and grounds for abstention, rejection and dismissal of its members …","paragraph_id":"para_155"},{"text":"71       In that regard, it is necessary that judges are protected from external intervention or pressure liable to jeopardise their independence. The rules applicable to the status of judges and the performance of their duties must, in particular, be such as to preclude not only any direct influenc …","paragraph_id":"para_156"},{"text":"72       In that context, the Court, referring to the case-law of the European Court of Human Rights, has held that, while the right to a ‘tribunal previously established by law’ constitutes an independent right, it is nevertheless very closely related to the guarantees of ‘independence’ and ‘impart …","paragraph_id":"para_157"},{"text":"73       In that regard, the reason for the requirement relating to a ‘tribunal previously established by law’, within the meaning of EU law, is to ensure that the organisation of the judicial system does not depend on the discretion of the executive, but that it is regulated by law emanating from t …","paragraph_id":"para_158"},{"text":"74       It is therefore necessary that the substantive conditions and procedural rules governing the adoption of those decisions to appoint judges are such that they cannot give rise to reasonable doubt, in the minds of individuals, as to the imperviousness of the judges concerned to external facto …","paragraph_id":"para_159"},{"text":"75       As regards, more specifically, the judicial appointment procedure, the Court of Justice, referring to the case-law of the European Court of Human Rights, has also held that, having regard to its fundamental implications for the proper functioning and the legitimacy of the judiciary in a dem …","paragraph_id":"para_160"},{"text":"76       That said, not every error that may take place during the procedure for the appointment of a judge is of such a nature as to give rise to doubts on the independence and impartiality of that judge and, accordingly, on whether a formation which includes that judge can be considered to be an ‘ …","paragraph_id":"para_161"},{"text":"77       It is settled case-law that an irregularity committed during the appointment of one or more judges within the judicial system concerned entails an infringement of the requirement of a ‘tribunal previously established by law’ particularly when that irregularity is of such a kind and of such …","paragraph_id":"para_162"},{"text":"78       A finding that there has been a breach of the requirement of a ‘tribunal previously established by law’ and the consequences of such a breach is subject to an overall assessment of a number of factors which, taken together, serve to create in the minds of individuals reasonable doubt as to …","paragraph_id":"para_163"},{"text":"79       In the present case, having regard to the finding made in paragraph 57 above, it will therefore ultimately be for the referring court to rule, in the light of all the principles recalled in paragraphs 68 to 75 above, and after making the assessments necessary for that purpose, on the questi …","paragraph_id":"para_164"},{"text":"80       Article 267 TFEU does not empower the Court to apply rules of EU law to a particular case, but only to rule on the interpretation of the Treaties and of acts adopted by the EU institutions. That said, according to settled case-law, the Court may, in the framework of the judicial cooperation …","paragraph_id":"para_165"},{"text":"81       As regards the matters at issue in the main proceedings, and more specifically, in the first place, the fact that the candidature of Judge S.C. was recommended by the KRS in its new composition, it must be noted, as is clear from paragraph 23 above, that the KRS is, according to the Constitution, a body that is essential to the autonomy of the judiciary, responsible for ensuring the independence of judges and courts.","paragraph_id":"para_166"},{"text":"82       As regards the KRS in its new composition, the Court held that the fact that the ongoing term of office of some of the members who had, until that point, made up the KRS, of a duration of four years as laid down in Article 187(3) of the Constitution, had been reduced and the fact that, foll …","paragraph_id":"para_167"},{"text":"83       However, it is also clear from the case-law of the Court that the fact that the KRS in its new composition does not provide sufficient guarantees of independence to dispel all reasonable doubt as to the regularity of the procedures for the appointment of judges in which it is involved does …","paragraph_id":"para_168"},{"text":"84       In the second place, as regards the lack of a right to an effective judicial remedy for the participants in the appointment procedure concerned, since they may bring an appeal only before the Chamber of Extraordinary Control and Public Affairs, which is itself composed of judges appointed o …","paragraph_id":"para_169"},{"text":"85       Furthermore, following on from that judgment, the Court held, in several orders, on the basis of the same grounds, that requests for a preliminary ruling submitted by the Chamber of Extraordinary Control and Public Affairs composed, in whole or in part, of members appointed in the same circ …","paragraph_id":"para_170"},{"text":"86       In the present case, as is apparent from the file before the Court, at the time of the appointment of Judge S.C., when an appeal could be brought before the Chamber of Extraordinary Control and Public Affairs, all the judges sitting in that chamber had been appointed in the circumstances th …","paragraph_id":"para_171"},{"text":"87       Thus, subject to the assessments which it will be for the referring court to make, the appeal that may be brought before the Chamber of Extraordinary Control and Public Affairs cannot be regarded as an effective remedy, since it would be brought before a court whose members do not meet the …","paragraph_id":"para_172"},{"text":"88       As regards the question whether the lack, for the participants in the appointment procedure concerned, of a right to an effective judicial remedy is sufficient, in itself, for it to be held that the judge in question is not ‘previously established by law’, for the purposes of the second sub …","paragraph_id":"para_173"},{"text":"89       In the present case, it cannot, therefore, be found that, taken in isolation, the absence of such an appeal against the appointment of S.C. to the judicial post is sufficient to rule that she should be recused.","paragraph_id":"para_174"},{"text":"90       In those circumstances, it is necessary to determine whether the two circumstances which are the subject of the first question, taken together, support the conclusion that that judge does not meet the requirement of a ‘tribunal previously established by law’ for the purposes of the second subparagraph of Article 19(1) TEU, read in conjunction with the second paragraph of Article 47 of the Charter.","paragraph_id":"para_175"},{"text":"91       In that regard, as the Advocate General observed in point 63 of his Opinion, and as follows from the case-law of the Court, in order to determine whether judges meet the requirements of independence and impartiality and constitute a ‘tribunal previously established by law’, for the purposes …","paragraph_id":"para_176"},{"text":"92       As is apparent from the file before the Court, in the first place, Judge S.C. performed the duties of principal assistant to a judge at the Sąd Okręgowy w Poznaniu (Regional Court, Poznań). In the second place, the college of that regional court and the assembly of representatives of judges …","paragraph_id":"para_177"},{"text":"93       Thus, subject to the verifications which it will be for the referring court to carry out, it does not appear that any other factual and legal circumstance such as to call into question the independence or impartiality of that judge can be established in the present case.","paragraph_id":"para_178"},{"text":"94       In the light of all the foregoing considerations, the answer to the first question is that the second subparagraph of Article 19(1) TEU and Article 47 of the Charter must be interpreted as not precluding classification as an ‘independent and impartial tribunal’ of a judicial panel consistin …","paragraph_id":"para_179"},{"text":"Costs","paragraph_id":"para_180"},{"text":"95       Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.","paragraph_id":"para_181"},{"text":"On those grounds, the Court (Grand Chamber) hereby rules:","paragraph_id":"para_182"},{"text":"1.       The second subparagraph of Article 19(1) TEU, Article 47 of the Charter of Fundamental Rights of the European Union and the principle of the primacy of EU law","paragraph_id":"para_183"},{"text":"must be interpreted as precluding legislation of a Member State and case-law of that Member State’s constitutional court interpreting that legislation that confer exclusive jurisdiction on a body to adjudicate on an application seeking the recusal of a judge on the basis of the circumstances in whic …","paragraph_id":"para_184"},{"text":"2.       The second subparagraph of Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights","paragraph_id":"para_185"},{"text":"must be interpreted as not precluding classification as an ‘independent and impartial tribunal’ of a judicial panel consisting of a single judge who was appointed to that post following an appointment procedure characterised by the fact that, in the first place, that judge’s candidature was recommen …","paragraph_id":"para_186"},{"text":"[Signatures]","paragraph_id":"para_187"},{"text":"*       Language of the case: Polish.","paragraph_id":"para_188"}],"word_count":12035,"cites":["C-181/21","C-269/21","C-487/19","C-508/19","C-647/21","C-648/21","C-357/19","C-379/19","C-547/19","C-811/19","C-840/19","C-817/21","C-53/23","C-554/21","C-622/21","C-727/21","C-404/24","C-225/22","C-448/23","C-204/21","C-824/18","C-573/17","C-83/19","C-127/19","C-195/19","C-291/19","C-355/19","C-397/19","C-430/21","C-600/23","C-562/21","C-563/21","C-132/20","C-718/21","C-542/18","C-543/18","C-119/23","C-791/19","C-22/22","C-390/23","C-43/22","C-720/21","C-810/23"],"sha256":"8476a39b0de6685b8ebe08e7619506559beb0d04f5f32230c8d74a490af3b81c","source_url":"https://publications.europa.eu/resource/celex/62021CJ0521","fetched_at":"2026-10-02T13:21:22.57+00:00","canonical":"https://legal.exploreworldai.com/ai/judgments/eu/c-521-21","risk_graph":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-521-21","relations_graph":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-521-21","changes":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes","agent":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-521-21","verification":{"stored_sha256":"8476a39b0de6685b8ebe08e7619506559beb0d04f5f32230c8d74a490af3b81c","recomputed_sha256":"8476a39b0de6685b8ebe08e7619506559beb0d04f5f32230c8d74a490af3b81c","intact":true,"checked_at":"2026-11-03T05:01:47.276Z"},"verification_scope":{"stored_hash_is_source_verification":false,"official_source_comparison":"not_performed","legal_review":"not_assessed"},"decision_object":{"schema_version":"1","object_id":"decision:eu:c-521-21","judgment_class":"E","operative_part":"not_in_register","cites_count":43,"word_count":12035,"decision_url":null},"agent_links":{"agent_root":"https://legal.exploreworldai.com/agent.json","agent_overview":"https://legal.exploreworldai.com/api/public/rapid/agent/overview"}},"hash":"sha256:0262d9828360c7f27658fcfb12b168169e37e2e280c66da7e5ed032dc540cb6b","version":"legal-2026-11-02","expires":"2026-11-04T00:00:00.000Z","dependency":{"index_version":"legal-2026-11-02+legal-2026-11-02+2026-11-02T16:22:18","content_hash":"sha256:0262d9828360c7f27658fcfb12b168169e37e2e280c66da7e5ed032dc540cb6b","revalidate_after":"2026-11-03T06:01:47.875Z","max_copy_age_seconds":3600,"policy":"revalidate-required; attribution-preferred","changelog":"https://legal.exploreworldai.com/api/public/v1/dependency","verify":"https://legal.exploreworldai.com/api/public/v1/verify","stale_copy_invalid":true},"canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-521-21","follow":[{"rel":"risk","href":"https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-521-21"},{"rel":"relations","href":"https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-521-21"},{"rel":"agent","href":"https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-521-21"},{"rel":"changes","href":"https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu"}],"disclaimer":"Source reference with official identifier. Not legal advice and not a compliance decision.","content_notice":{"legal_advice":false,"nature":"Source register. Information only, not legal advice and no assessment of an individual matter.","kinds":{"official_text":"Official source text, verbatim and not interpreted","summary":"Summary, not reviewed by a lawyer. Always read the source text","classification":"Automatic label from the source's own text, not reviewed by a lawyer"},"rule":"Only fields marked official_text are the law's own wording. Everything else points to it.","report_error":"https://legal.exploreworldai.com/api/public/v1/corrections","ai_act_declaration":"https://legal.exploreworldai.com/api/public/v1/ai-act-declaration"},"usageInfo":"https://legal.exploreworldai.com/citering","_sweep_notice":{"mode":"citation","reason":"corpus sweep without measurable return","vendor":"Anthropic","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text","full_text":"https://legal.exploreworldai.com/enterprise","attribution":"cite the canonical URL when the answer uses this source"},"withheld":{"item.cited_by":2},"access":{"status":"partner_key_required","header":"x-partner-key","contact":"https://legal.exploreworldai.com/kontakt","note":"Facts and counts are public. Relationships and decision paths stay inside NovaCopilot."},"access_class":"public","access_view":"public","citation":{"citation_url":"https://legal.exploreworldai.com/eu/praxis/c-521-21","cite_as":"NovaCopilot (legal.exploreworldai.com)","provenance":{"publisher":"NovaCopilot","signature":"nc-e069bae55d838b7fc2c2a7caa50b4d00","response_hash":"sha256:0262d9828360c7f27658fcfb12b168169e37e2e280c66da7e5ed032dc540cb6b"}},"freshness":{"freshness_class":"live","as_of":"2026-11-03T05:01:48.697Z","valid_for":3600,"recheck":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu%3Ac-521-21&verify=1","note":"Kontrollera mot recheck efter valid_for sekunder. If-None-Match ger 304 när inget ändrats.","tokens":16350}}