POLAND: Common position on the Judgment of the Court of Justice of the European Union

(Rule of Law – 19 November 2019)


“Following the delivery of the judgment of the Court of Justice of the European Union in Luxembourg on the National Council of the Judiciary and the Disciplinary Chamber, we emphasise that all authorities of the Republic of Poland are obliged to fully execute the said judgment. We would like to point out that any EU Member State that does not respect the standards of independence of national courts cannot participate in transnational European integration.

This is because the Court considers judicial independence to be part of the value of the rule of law within the meaning of Article 2 TEU, which is essential for the functioning of the European Union’s legal system, and for other Member States and EU institutions to have confidence in Polish courts and the Polish judicial system. A failure to implement the judgment of the CJEU promptly and in accordance with European standards, the principle of legal certainty and respect for the rights of citizens who placed their trust in the Polish judicial system will inevitably cause unprecedented chaos in the legal system, which will manifest itself primarily in decisions of Polish courts being deprived of the benefits stemming from the principle of mutual trust and their recognition in other EU Member States.

It is court presidents, judges, as well as the legislator, the NCJ and other state authorities who have a huge responsibility to implement the CJEU judgment as soon as possible in order to ensure the legal security of all EU citizens.”

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