The Supreme Court (SN) has submitted another two requests for preliminary ruling to the Court of Justice of the European Union, regarding independence of the judiciary, Supreme Court press office's Krzystof Michałowski told Polish Press Agency (PAP) on Tuesday. SN also asked for an expedited procedure.
As Krzysztof Michałowski has told PAP, on 30 August the Supreme Court referred two questions to the CJEU with a request for a preliminary ruling.
In the first question the SN asks the CJEU, whether or not, the Disciplinary Chamber, comprised solely of judges selected by the National Council of the Judiciary (KRS), which given its structure and functioning method does not guarantee independence from the legislative and executive powers, is an independent court in terms of EU law.
Should the answer to the first question be negative, the SN asks in the second one, if an improper Supreme Court's chamber, when asked to examine an appeal against a ruling in European law case, can ignore the national law forbidding it do to so.
At the same time, the Supreme Court has asked the CJEU to launch an expedited procedure of processing the request for preliminary ruling.
In early August, Polish Supreme Court sent five questions to the Court of Justice of the European Union and asked for a preliminary ruling.The questions concerned the provision of the Supreme Court law regarding sending judges aged 65 or older to retirement, including the court's president Małgorzata Gersdorf. The SN issued a resolution suspending the execution of the questioned law until the CJEU passes its ruling.
The CJEU began to examine Supreme Court's request in the end of August.
Autor: gf / Źródło: TVN24 International, PAP
Źródło zdjęcia głównego: tvn24