The above judgment is an answer to the questions asked by the District Court in Poznań. This concerns the admissibility of questioning the status of judges appointed with the participation of the National Council of the Judiciary, established after 2017.
The CJEU ruled that the participation of the National Council of the Judiciary, formed as a result of the reform of the Polish judicial system, in the procedure for appointing a judge and the lack of an effective legal remedy in court for unrecommended candidates are not sufficient in themselves to exclude the judge. According to the CJEU, a comprehensive assessment of all circumstances surrounding the appointment of a judge is necessary.
The plaintiff applied to a Polish court for the exclusion of a judge due to doubts as to his independence and impartiality, resulting from a defective appointment procedure.
The judge hearing the case made a statement that in her opinion there were no circumstances that could raise doubts as to her impartiality and there were no grounds for excluding her. The referring court had doubts and referred questions to the CJEU.
