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In March, an Irish court examining the case of a Polish citizen Arthur, wanted by the Polish prosecutor for allegations of drug trafficking, asked the Luxembourg court an urgent opinion on whether the Pole would be judged on the Vistula. process. The court highlighted concerns about the rule of law in Poland in connection with the launch by the European Commission of the art. 7 of the EU Treaty to our country. In early June, the Court heard the views of the EC, the representative of the suspect and the Member States
From the judgment of the CJEU, a judicial authority seised to execute a European arrest warrant must suspend its execution if it considers that the person concerned could be exposed to the risk of violating the fundamental right to an independent tribunal and therefore to a fair trial because of irregularities that may affect the independence of the judiciary [19659003] The Court recalls that for independence and impartiality, "According to the Court, these guarantees of independence and impartiality require the existence of rules, particularly with respect to the composition of the judicial authorities, the appointment of their members, their mandate and the reasons for their exclusion and dismissal "- we read in the information of the CJEU.
"The judgment of the CJEU goes a little further than the opinion of the Advocate General.This is a clear sign for the party of power that you can not be in Europe in destroying the basics of European legal culture, "writes Dr. Ryszard Balicki of the University of Wrocław on Twitter
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