CJEU to rule on Supreme Court’s questions after EP elections

The Court of Justice of the European Union (CJEU) has postponed the date of its ruling on the Polish Supreme Court’s questions whether the Parliament-elected National Judicial Council (KRS) is capable of guarding courts’ independence.

“The CJEU’s decision to postpone the ruling on the Supreme Court’s preliminary questions about the KRS case to June is a good solution,” said Prosecutor General and Justice Minister Zbigniew Ziobro, adding that “the previous date nearly collided with the end of EP election campaign.”

The date of the ruling has been postponed from May 23 to June 27. Poland was arguing it may compromise the impartiality of the EP elections on May 26.

Mr Ziobro expressed his hope that with this decision the CJEU “will step beyond political interests… and will issue a substantive ruling free from political influence… everyone in Europe is equal.”

The case was initiated by the Supreme Court who directed prejudicial inquiries to the CJEU into whether the KRS is capable of carrying its task of guarding courts’ independence given the fact that the new members of KRS had been elected by Poland’s Parliament. This election stood in line with the December 2017 reforms of the judiciary that the Polish government introduced.

According to the Polish law, the Lower House (Sejm) elects 15 KRS members for a four-year tenure. Previously members of the KRS were elected by the judges themselves.