The CJEU responded to a letter from Supreme Court Justice Jan Majchrowski

Until the request for a preliminary ruling from the court which sent the application is withdrawn from the Court of Justice of the European Union, the CJEU will continue the proceedings in this case – explained the European Court in a letter sent to the Supreme Court, Judge Jan Majchrowski, head of the Disciplinary Chamber.

The press team of the Supreme Court announced Thursday that the response of the Court of Justice of the European Union had been received by Judge Jan Majchrowski, addressed to the President of the CJEU. In this letter dated 17 October, Majchrowski found that the procedure in the judges' case in which the questions had been referred was invalid, as these cases were to be considered by the NS Disciplinary Chamber, not the work and social security.

In early November, Judge Majchrowski sent a supplementary letter to the CJEU in October. "There is no doubt that the registration and taking over of the aforementioned cases in the Labor Chamber and Social Insurance have been committed with a clear delict of the law (…), in Due to the labor legislation and social insurance regarding the Supreme Court judges and the transfer of the Supreme Court judge, the state of rest is recognized in the disciplinary chamber of the SN ", has he stressed.

As the Supreme Court stated on Thursday, in its response to the CJEU, it confirmed the impact of the letter of 17 October 2018 that, as long as the request of the referring court would not appeal it would withdraw the reference for a preliminary ruling under Article 267 TFEU (Treaty on the Functioning of the European Union – Ed.) The Court is obliged to continue the preliminary ruling procedure until the end of the proceedings. upon completion ".

The Court of Justice of the European Union has jurisdiction to give preliminary rulings:
a) the interpretation of treaties;
(b) the validity and the interpretation of the acts adopted by the institutions, bodies or agencies of the Union;

When a related question is raised in a court of a Member State, that court may, if it considers that a decision on that point is necessary to give judgment, request the Court to take into account that question.

Where such a question is raised in a case pending before a national court whose decisions are not subject to appeal in domestic law, that court is obliged to refer the case to the Court.

If this question is raised in the case pending before the national court concerning a person deprived of liberty, the Tribunal shall decide as soon as possible.

Treaty on the Functioning of the European Union, Art. 267

Letter from the President of the Disciplinary Chamber SN to the CJEU

In a letter dated 17 October, Majchrowski referred to the proceedings of the Supreme Court's Appeals Chamber in cases involving six judges of the Supreme Court. They concerned, inter alia, appeals against the resolutions of the new National Council of the Judiciary to obtain negative opinions as to their willingness to continue to rule at retirement age, in accordance with the Supreme Court Law as amended by the law and justice.

As part of these provisions, the Supreme Court Labor Chamber has decided to refer preliminary questions to the Court of Justice of the European Union concerning, inter alia, the rules on the retirement of judges. of the Supreme Court.

READ ALL THE WRITING TO THE PRESIDENT OF CESHER >>

At the end of July, the Supreme Court announced that Supreme Court Justice Maria Szulc and Judge Anna Owczarek had appealed the negative opinion of their statements regarding the new National Council of the judiciary to continue to rule. The appeal was sent – through the President of the Council – to the Chamber of Labor and Social Security of the Supreme Court.

Previously, Judge Józef Iwulski appealed to the Supreme Court against such an opinion.

The Supreme Court, examining the case at the conclusion of the appeal by Judge Anna Owczarek, referred the questions to the CJEU for a preliminary ruling. In particular, they concerned the principles of the interpretation of European law where a complaint was lodged with the Supreme Court, in which the judge of that court accused the violation of the prohibition of discrimination on the ground of discrimination. ;age.

The Supreme Court asked the CJEU if, in this situation, it was obliged to refuse to apply national provisions reserving the decisive nature to this case, which was not the function of the disciplinary chamber of the SN at this time.

Questions on the independence of Supreme Court justices

In September, the Supreme Court sent three new questions to the Court of Justice of the European Union concerning, in particular, the independence of Supreme Court judges.

These issues were addressed on the occasion of the hearing of the case brought by the judges of this jurisdiction: Andrzej Siuchniński and Krzysztof Cesarz in order to determine the existence of the official relationship of the responsible SN in the active state. In the present case, the Supreme Court has asked the Tribunal to apply the expedited examination procedure.

The CJEU has not yet answered the questions asked by the Supreme Court in these cases.

Author: akr // kg
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Source: PAP

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