C-225/22'R' S.A. v AW 'T” sp. z o.o.'

Domstolens egne nøkkelord

Reference for a preliminary ruling – Rule of law – Independence of judges – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – National legislation and case-law prohibiting national courts from calling into question the legitimacy of constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges of those courts or bodies – Verification, by a lower court, of compliance by a higher court with requirements relating to the guarantee of an independent and impartial tribunal previously established by law – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Body that does not constitute an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of declaring a judicial decision to be null and void.

Tolker