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In the judgment of 24 June 2019, Commission v. Poland (Independence of the Supreme Court), C-619/18, EU:C:2019:531, the Court of Justice of the European Union ruled on the retirement of Polish Supreme Court judges, declaring that the mechanism of arbitrary lowering the retirement age was not compatible with the European Union law. This commentary analyses the latest changes in the Polish judicial system and the CJEU's arguments. The study is focused in the change in European case-law and the development of instruments available to the EU institutions for monitoring judicial independence. The paper discusses also the elements of the judicial independence indicated by CJEU and the rules on the retirement of judges.
The article presents legal (constitutional) aspects of the emergency situation concerning the first wave of the Covid-19 pandemic.
The purpose of this article is the general vision of judicial independence in the EU and its defence mechanisms. The article analyses the ways of the protection of this principle, as well as its development and substantial content in the context of the recent CJEU jurisprudence on the status of the judiciary in Poland. The first part of the article explains the techniques (of a political and legal nature) to guarantee judicial independence in the EU. The objective is to demonstrate how the procedure based on the Article 7 TEU, as well as the preliminary rulings (Article 267 TFEU) and infringement procedures (Article 258 TFEU) increment the enforceability of judicial independence. In the second part the article develops the concept of judicial independence and the detailed guarantees in this field, including rules for judicial appointments, the retirement regime, disciplinary responsibility and remuneration.