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The EU court said Wednesday that the execution of the European arrest warrant should be stopped if the person concerned might violate the right to an independent court and therefore to a fair trial . At the same time, he pointed out that if the court found that there was indeed a risk of violation of the right to a fair trial in a given country, the court should determine that there were grounds for considering that a person concerned by the EAW was exposed to such a risk [19659002] On Thursday, the European Commission also drew attention to other elements of the decision, which speak of the need to maintain the independence of the courts. According to the Tribunal, independence and impartiality require rules concerning the composition of the judicial organs, the appointment of their members, their mandate and the reasons for their exclusion and dismissal, "said the spokesman. speech at a press conference in Brussels.
As he stressed, the requirement of independence also means that the disciplinary regime against judges contains the necessary safeguards to avoid the risk of using it for the political control of the content of the judgments.His comments are virtually identical to the communique published by the CJEU in this case
A source from the Commission, with whom PAP spoke, indicates that this approach of the Court is beneficial to the EC and will be an argument in the legal battle of the Supreme Court Act.In July, the Commission launched a procedure to violate EU law, stating that reduce The retirement age of Supreme Court justices and postponing the forced retirement of those who have crossed the minimum age violates the principle of irremovability of judges. "These measures violate the principle of the independence of the judiciary, including the principle of irremovability of judges" – argued EC on 2 July.
The case has not yet been referred to the Tribunal, but without any change in regulations. The Commission – as the information from the PAP shows – will also use the argument of Wednesday's decision at the second hearing of Poland in the Council of the European Union scheduled for September.
Frans Timmermans, Vice-President of the EC, has repeatedly pointed out (eg for commercial disputes). "The fundamental principle of the functioning of the European judicial area is mutual trust and the recognition of judgments, if everything is undermined," said the PAP
. EC does not believe that Wednesday's decision could undermine the system of European arrest warrants. "The Tribunal explained the possibilities of suspending the execution of the European arrest warrant in two stages", said the spokesman of the EC
stressing that in such a process it is necessary to determine there are systemic gaps in the justice system. for a specific case. "The Court emphasized that the obvious risk to the rule of law in a Member State must be taken into account in this process, and the information contained in the EC's reasoned proposal on the launch of Article 7.1 is important. particular, "said Wigand
Zbigniew Ziobro pointed out Wednesday that at no point in his decision did the Tribunal find any violation of the rule of law in Poland. In turn, the Minister of European Affairs, Konrad Szymański, stressed that the doubts raised by the European Commission against Poland about the Supreme Court Law "do not indicate any violation of Any European derived right. "
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