## Facts

- Poland implemented judicial reforms affecting the Supreme Court, including reducing the retirement age for judges, changing the judicial appointment procedure, and creating a new Disciplinary Chamber.
- The European Commission initiated infringement proceedings against Poland, arguing the new measures compromised the independence and impartiality of the judiciary.
- The central question was whether these reforms were consistent with Poland’s obligations under Article 19(1) TEU and Article 4(3) TEU to uphold judicial independence and provide for the effective implementation of EU law.

## Issues

1. Whether Poland’s measures regarding judicial retirement age, appointment processes, and establishment of the Disciplinary Chamber complied with EU law requirements for judicial independence.
2. Whether the reforms fulfilled Article 19(1) TEU and Article 4(3) TEU obligations concerning effective judicial protection by Member States.

## Decision

- The Court of Justice of the European Union determined that the Polish reforms undermined the independence and impartiality of the judiciary.
- The Disciplinary Chamber was found not to be independent from the legislative and executive authorities.
- The reforms were declared inconsistent with EU law, as they failed to guarantee effective judicial protection or impartiality.
- The Court reaffirmed that Member States must maintain judicial independence and impartiality as mandated by EU law.

## Legal Principles

- Judicial independence is a fundamental component of the rule of law under Article 19(1) TEU.
- Member States must ensure courts provide effective judicial protection through independence and impartiality.
- Entities overseeing judicial discipline must themselves be independent and impartial.
- The Court of Justice of the European Union has competence to assess whether Member States meet EU standards on judicial independence.

## Conclusion

The Court concluded that Poland’s judicial reforms violated EU law by undermining judicial independence and failing to ensure effective judicial protection, emphasizing the obligation of Member States to maintain impartial and independent courts under the Treaty on European Union.


Commission v Poland (C-619/18) [2019] ECR I-0000, ECLI:EU:C:2019:531