Mon. Jan 30th, 2023

Luxembourg, 16 November 2021

Judgment of the Court of Justice in Joined Cases C-748/19, C-749, C-750/19, C-751/19, C-752, C-753/19, C-754/19 – Prokuratura Rejonowa w Mińsku Mazowieckim – Area of Freedom, Security and Justice

EU law precludes the regime in force in Poland which permits the Minister for Justice to second judges to higher criminal courts; secondments which that minister – who is also the Public Prosecutor General – may terminate at any time without stating reasons
The requirement that judges be independent means that the rules relating to such secondments must provide the necessary guarantees in order to prevent any risk of those secondments being used as a means of exerting political control over the content of judicial decisions, including in criminal matters
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