Judicial independence within the EU

An interesting case is currently pending before the ECJ: C-824/18 A.B et al.

https://www.wienerzeitung.at/themen/recht/recht/2088585-Unabhaengigkeit-der-Gerichte-vor-Gericht.html

GA Evgeni Tanchev has just publish his Opinion in this case. Formally, it regards Poland where judicial remedies agains decisions for the appointment to the Supreme Court are no longer available. According to GA Tanchev this constitutes a violation of EU law. At first glance one might be surprised to see that the EU is competent at all in this field. The basis is found in Article 19(1)(2) TEU - not Article 47 CFR! - in view of the fact that independence of all national Courts which apply EU law have to be guaranteed. This means that in practice independence of more or less all nationals courts - also in regard to the selection of the judges - has to be assured.

In my short article I pointed out this is surely an important step forward but the consequences to not concern Poland alone. In all EU Member States independence of Courts - and judicial remedies for candidates to these posts - have to be waranted. A square look at the situation in Member States reveals considerable deficits in this field, even where the much stronger provision of Article 47 CFR applies.