Rule of law cases – Poland

Polish cases on the rule of law at the cjeu

Case NumberNameDate of JudgementECLI:EU:C:SummaryStatus
C-192/18Commission v Poland05/11/20192019:924
independence of ordinary courts

retirement age of judges & public prosecutors; Art. 157 TFEU, Art. 5(a) & 9(1)(f) of Directive 2006/54/EC, Art. 19 TEU, Art. 47 CFR

closed
C-216/18 PPUMinister for Justice and Equality v LM (Celmer-ruling)25-07-20182018:586
execution of European Arrest Warrant

execution of European Arrest Warrant by Polish court in Ireland, the meaning of the independence of the judiciary to be assessed in judicial test (general and invdividual; reiterating the Aranyosi and Căldăraru test; Art. 47 CFR, Council Framework Decision 2002/584/JHA

closed
C-522/18DŚ v Zakład Ubezpieczeń Społecznych Oddział w Jaśle29/01/20202020:42
retroactive lowering of Supreme Court retirement age

Art. 2, 4(3) and 19 TEU, Art. 47 CFR

closed
C-537/18YV v Krajowa Rada Sądownictwa03/02/20202020:136
retirement age of judges, Disciplinary Chamber

lack of independence of Supreme Court's Disciplinary Chamber, case closed on 3/2/2020 due to ruling in C-585/18; Art. 47 CFR, Art 9(1) Directive 2000/78/EC

closed
C-563/18 & C-558/18Miasto Łowicz and Prokurator Generalny26/03/20202020:234
disciplinary regime for judges

preliminary reference questioning the new Polish legislation relating to the disciplinary regime for judges, request for a preliminary reference inadmissible but inadmissible requests cannot lead to disciplinary sanctions for judges; Art. 19 TEU

closed
C-585/18, C-624/18 & C-625/18A. K. and Others v Sąd Najwyższy19/11/20192019:982
independence of Disciplinary Chamber

appointment procedure of judges of the Supreme Court involving the NCJ, referring court must assess whether the new Disciplinary Chamber is independent; Art. 47 CFR, Art. 9(1) Directive 2000/78

closed
C-619/18Commission v Poland24/06/20192019:531
legislation concerning retirement age of Supreme Court judges

legislation concerning the lowering of retirement age of Supreme Court judges is incompatible with principles of irremovability of judges and judicial independence; Art. 19 TEU, Art. 47 CFR

closed
C-619/18 RCommission v Poland17/12/20182019:575
lowering of retirement age of Supreme Court judges

Poland ordered to suspend the application of national legislation concerning the lowering of the retirement age for Supreme Court judges

closed
C-623/18Prokuratura Rejonowa w Słubicach v BQ06/10/20202020:800
new disciplinary regime for judges

new disciplinary regime for judges; Art. 19 TEU, Art. 47 CFR

inadmissible
C-668/18BP v UNIPARTS sàrl03/12/20192019:1093
retroactive lowering of Supreme Court retirement age

same key issue as in C-522/18, reference withdrawn by Polish Supreme Court on 23/10/2019

closed
C-824/18A.B. and Others02/03/20212021:153
National Council of the Judiciary (KRS)

reference for preliminary ruling by the Polish Supreme Administrative Court in the context of legal proceedings against the appointment procedure of the National Council of the Judiciary (KRS), effective remedy aginst KRS decisions; Art. 15 and 20 TFEU, Art. 47 CFR

closed
C-487/19W.Ż.-
status of Supreme Court chambers

composition of the “Chamber of Extraordinary Control and Public Affairs” which includes individuals appointed on basis of prima facie unlawful procedure; Art. 2, 6 and 19 TEU, Art. 47 CFR

in progress
C-508/19Prokurator Generalny-
judicial independence of Supreme Court

status of individuals appointed to the Supreme Court on basis of unlawful procedure; Art. 2, 4, 6 and 19 TEU, Art. 47 CFR

in progress
C-748/19 to C-754/19Prokuratura Rejonowa w Mińsku Mazowieckim and Others-
composition and appointment process of criminal court

composition of criminal court and appointment process (involvement of the Polish Council for the Judiciary in the appointment of judges to the Polish Supreme Court); Art. 19 TEU, Art. 47 CFR

in progress
C-763/19 to C-765/19D.S. and Others07/05/20202020:414
composition and appointment process of court

composition of court and appointment process, withdrawn on 20/2/2020; Art. 19 TEU, Art. 47 CFR

withdrawn
C-791/19Commission v Poland15/07/20212021:596
impartiality and independence of Disciplinary Chamber

lack of independence and impartiality of the Disciplinary Chamber of the Supreme Court; Art. 19 TEU

closed
C-791/19 RCommission v Poland08/04/20202020:277
order to suspend the activities of the Disciplinary Chamber

CJEU ordered the immediate suspension of the activities of the Disciplinary Chamber regarding disciplinary cases concerning judges, the Polish government disregarded the ruling and allowed the Disciplinary Chamber to make further decisions, such as lifting the immunity of judges with a view to prosecuting them if necessary

closed
C-55/20Ministerstwo Sprawiedliwości-
Disciplinary Court of the Bar

understanding of the notion of a court under EU law regarding the Disciplinary Court of the Bar; Directive 2006/123; notion of court under Art. 267 TFEU

in progress
C-132/20BM, DM and EN v Getin Noble Bank SA-
criteria of a court or tribunal within EU law

qualification of judges at first and second instance (appointed before 1989) as judges of a court or tribunal within the meaning of EU law; Directive 93/13/EEC, Art. 19 TEU, Art. 47 CFR

in progress
C-354/20 PPU & C-412/20 PPUL and P/Openbaar Ministerie17/12/20202020:1033
European Arrest Warrant and independence of Polish judiciary

surrender to Poland on the basis of a European arrest warrant (EAW) questioned in view of existing evidence of systemic or generalised deficiencies concerning the independence of the judiciary; Framework Decision 2002/584/JHA, Art. 47 CFR

closed
Sąd Najwyższy and Others--in progress
YP and Others-
Disciplinary Chamber

Disciplinary Chamber of the Supreme Court - qualification as a ‘tribunal’ within the meaning of Art. 47 CFR and Art. 6 ECHR

in progress
M.M.-
Disciplinary Chamber of the Supreme Court

Disciplinary Chamber of the Supreme Court, can the President of a court change the composition of that court because the originally designated judge has been suspended by a body that does noet satisfy the requirements of effective judicial protection; Art. 2 and 19(1) TEU

in progress
C-157/21Poland v Parliament and Council-
Conditionality Regulation

Poland challenged the legality of Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget as it lacks a valid legal basis

in progress
G.--in progress
Commission v Poland-
Muzzle law, Disciplinary Chamber

Commission's action against Poland regarding the "Muzzle Law" and the (suspended) Disciplinary Chamber

in progress

Polish cases on the rule of law at the ECthr

This list only contains communicated cases.
Case NumberNameDate of JudgementSummaryStatus
35778/07 (discontinued)Żemek and others v. Poland
impartiality of judge

Article 6 § 1 ECHR; complaint that assigned judge in breach of the relevant provisions of the Code of Criminal Procedure and that thejudge had not been impartial, alleged links of the judge with the Law and Justice party and close ties to the (current) Justice Minister Ziobro which later appointed the judge Secretary of State

closed
65313/13Maciszewski and Others v. Poland23/06/2020
definition of a court/tribunal

Art. 6 ECHR; complaint under Article 6 § 1 that the Poznań District Court was not a “tribunal established by law” on account of the alleged irregularities concerning the secondment of the Regional Court’s Judge

inadmissible
62765/14, 62769/14, 62772/14 and 11708/18Sobczyńska and Others v. Poland
refusal to appoint judges to vacant posts

Art. 6 and 8 ECHR; refusals by Polish presidents Kaczynski and Duda to appoint the judges in 2008 and 2016 respectively to vacant posts in various courts without any reasoning and despite positive recommendations of the National Council of the Judiciary

in progress
26691/18Broda v. Poland29/06/2021
premature termination of judge's mandate

Art. 6 ECHR; premature termination of terms of judges without any reasoning who had been appointed as court vice-presidents and absence of any possibility to seek judicial review

closed
27367/18Bojara v. Poland29/06/2021
premature termination of judge's mandate

Art. 6 ECHR; same issues as in Broda v. Poland - removal of judges from their positions as court vice-presidents during their terms of office without providing reasons

closed
39650/18Żurek v. Poland
premature termination of judge's mandate

Art. 6 and 10 ECHR; premature termination of a judge's mandate as a member of the National Council of the Judiciary, his dismissal as spokesperson for that organ, and the campaign to silence him

in progress
43572/18Grzęda v. Poland
premature termination of judge's mandate

Art. 6 ECHR; interruption of the mandate of a supreme administrative court judge elected to the National Council of Judiciary before the end of its four-year term

in progress
4907/18Xero Flor v. Poland07/05/2021
unlawful appointmentof Constitutional Court judge

Art. 6 ECHR, unlawful appointment of one individual to the captured and unlawfully composed Constitutional Court; partly concurring, partly dissenting opinion of judge Wojtyczek

closed
21181/19Tuleya v. Poland
disciplinary proceedings against Polish judge Tuleya

Art. 8 and 10 ECHR; this case concerns the disciplinary regime for Polish judges. Judge Tuleya alleged that seven sets of disciplinary proceedings initiated against him in 2018 have brought his reputation into dispute

in progress
25226/18, 25805/18, 38378/19Pająk and others v Poland
retirement age of judges

Art. 6 ECHR; retirement age of judges, contrary to the irremovability of judges, alleged violation of Art. 6 ECHR as there was no remedy available to applicant for the refusal of the NJC to grant her permission to continue to work

in progress
43447/19, 49868/19 and 57511/19Reczkowicz and two Others v. Poland22/07/2021
chambers of Supreme Court

Art. 6 ECHR; complaints brought by barrister and two judges in relation to the two new chambers of the Supreme Court (Disciplinary Chamber and thee Chamber of Extraordinary Control and Public Affairs), which they claim were constituted in breach of the law following changes to the judiciary introduced in 2017

closed
1469/20Advance Pharma Sp. z o.o v. Poland
National Council of the Judiciary

Art. 6 ECHR; complaint brought by a pharmaceutical company that the Civil Chamber of the Supreme Court, which decided on a case concerning it, was constituted on the recommendations of the National Council of the Judiciary and thus in breach of the law following changes to the judiciary introduced in 2017

in progress
13278/20Biliński v. Poland
National Council of the Judiciary

Art. 6 ECHR; the applicant was judge at a District court and ruled on many freedom-of-expression cases. Some of these cases were perceived as unfavourable by the government and therefore criticized by politicians of the ruling party. The applicant claims that his transfer to another court was handled in breach of Article 6 ECHR and that the National Council of Judiciary lacked impartiality.

in progress
26004/20Pionka v. Poland
disciplinary proceedings against judges

Art. 6 and 8 ECHR; the case concerns proceedings before the domestic courts following the applicant’s declaration of means lodged in accordance with his role as a prosecutor. He was prosecuted for alleged incorrect declaration of means, which eventually came before the Disciplinary Chamber of the Supreme Court. That body overturned the previous decision of the Disciplinary Court at the General Prosecutor and allowed the prosecution to go forward and suspended the applicant from his official duties

in progress
28122/20 and 48599/20Brodowiak and Dżus v. Poland
judicial independence

Art. 6 ECHR; the applicants complain that their cases were not heard by an “independent and impartial tribunal established by law”

in progress
35599/20Juszczyszyn v. Poland
Disciplinary Chamber of the Supreme Court, judicial independence

Art. 6 and 8 ECHR; the applicant (Polish judge) complains that he had not been given access to an independent and impartial tribunal established by law, as he argues that the Disciplinary Chamber of the Supreme Court is not such a tribunal as its judges were appointed following a recommendation by the NCJ, which itself had been established in breach of the Constitution

in progress
43949/19Jezierska v. Poland
retirement age of judge

Art. 6, 8 and 14 ECHR; complaint by judge that was forced to retire based on legislation that has been deemed unlawful by CJEU (C-192/18), concerns issues such as judicial independence, discrimination by age/gender, access to court

in progress
51751/20Tuleya v. Poland
Disciplinary Chamber, lifting of immunity

Art. 6, 8 and 9 ECHR; a case initiated by judge Igor Tuleya which concerns the decision of the sham Disciplinary Chamber to lift his immunity for criminal prosecution, the case has been given priority under Rule 41

in progress
1819/21KB and others v. Poland
unlawful composition of Constitutional Court, abortion ruling by Constitutional Court

Art. 3, 6, and 8 ECHR; unlawful composition of Constitutional Court, impartiality of judges, violation of Art. 3/8 by abortion ruling of Polish Constitutional Court

in progress
3639/21K.C. and Others v. Poland
unlawful composition of Constitutional Court, abortion ruling by Constitutional Court

Art. 3, 6, and 8 ECHR; unlawful composition of Constitutional Court, impartiality of judges, violation of Art. 3/8 by abortion ruling of Polish Constitutional Court

in progress
3801/21A.L. - B. and Others v. Poland
unlawful composition of Constitutional Court, abortion ruling by Constitutional Court

Art. 3, 6, and 8 ECHR; unlawful composition of Constitutional Court, impartiality of judges, violation of Art. 3/8 by abortion ruling of Polish Constitutional Court

in progress