Verfassungsblog ()

Why the Polish Supreme Court’s Reference on Judicial Independence to the CJEU is Admissible after all

  • Stanisław Biernat,
  • Monika Kawczyńska

Journal volume & issue
no. 2366-7044

Abstract

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On August 2nd 2018, the Polish Supreme Court has referred questions to the European Court of Justice about whether or not the forced retirement of most of its senior judges and other infringements of judicial independence are compatible with EU law. That decision is a landmark step in the serious constitutional crisis in Poland that has been going on for several years. One issue is of fundamental importance: Is the SC’s preliminary reference to the CJEU admissible?

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