L.G. v. Krajowa Rada Sądownictwa: Is judicial independence still a ‘delicate issue’ in the EU law? Judgment of the Court (Grand Chamber) of 21 December 2023,L.G. v. Krajowa Rada Sądownictwa (C-718/21),EU:C:2023:1015

Abstract

In L.G. v. Krajowa Rada Sądownictwa the Court of Justice ruled that the new Chamber of the Supreme Court in Poland cannot be considered as an independent ‘court’ under Article 267 TFEU. It is an important milestone in the Court’s case law on the rule of law crisis, since for the first time the ‘presumption of independence’ established under the Getin Noble Bank ruling was rebutted. The Court applied relevant international and domestic case law and connected the interpretation of Article 6 of the Convention with its reading of Article 47 of the Charter of Fundamental Rights. The Court’s ruling might also turn out to be a major factor in introducing legislative amendments regarding the independence of the highest domestic court.