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The CJEU judgment, which speaks of the possibility of examining judicial independence before the European arrest warrant, underlines the safeguards necessary to avoid the risk of political control – note the door of the EC Christian Wigand
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The EU court said Wednesday that the execution of the European arrest warrant should be suspended if the person risked violating the law to an independent tribunal and thus 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 whether there was any reason to believe that A person concerned by the EAW was exposed to such a risk [19659003] On Thursday, the European Commission also drew attention to other elements of the decision that speak of the need to preserve the 39, independence of the courts.
READ MORE: The shocking decision of the CJEU! The drug dealer will not be released in Poland because we "break" the law ?! This is the impact on the independence of Poland
The Tribunal provided explanations regarding the assessment of the independence and impartiality of the courts. According to the Tribunal, independence and impartiality require rules concerning the composition of judicial bodies, the designation of their members, their mandate and the reasons for their exclusion and dismissal
declared the door – Speech of the Commission at a press conference in Brussels
. also that the disciplinary regime of the judges contains the necessary guarantees to avoid the risk of using it for the political control of the content of the judgments. Its words are virtually identical to the ECJ's communiqué in this case
A Commission source, with whom PAP spoke, says that this approach of the Tribunal 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 judges and postpone the forced retirement of those who have crossed the EU law. 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 July 2 EC
READ MORE: Bodnar rubs his hands! "Any lawyer representing a person to be issued on the basis of an EAW may submit an application for examination of the independence of the courts in Poland"
The case does not Has not yet been referred to the Tribunal. autumn. 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 judicial area of the EU is the mutual trust and recognition of judgments, if it is undermined, the whole system may cease to function
– The interlocutor of the PAP stresses
The EC does not think that Wednesday's decision could harm the European system. Stop. "The Tribunal has clarified the possibilities of suspending the execution of the European arrest warrant in two stages," said the spokesman of the EC
. the extent to which they translate into a concrete subject.
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 that the information contained in the reasoned EC proposal on the launch article 7.1 are of particular importance
– Wigand
The Polish judiciary, Zbigniew Ziobro, underlined Wednesday that at no time in his judgment 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 Act "indicate no violation of the standards of derived law of the EU. "
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