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

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.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal