The decision was made on the questions of the courts of Krakow and Katowice. They doubted the status of the two judges.
Procedure for appointment of judges in Poland
The first was Judge AZ, who was appointed as a judge of the District Court of Katowice, although the representative assembly of appellate judges refrained from making a decision on the nomination. The reason for this was doubt about the status of the National Judicial Council and its functioning.
In turn, Judge AT was appointed as a judge of the District Court of Kraków when the opinion was no longer required. The opinion was issued by the Council of the District Court of Kraków, half of whose members were appointed by the Minister of Justice.
CJEU: questions deemed inadmissible
In a ruling released Tuesday, the court ruled both requests for a preliminary injunction inadmissible.
The court noted that “such a ruling must be necessary so that the national court can decide the case before it. It is therefore necessary that there be a genuine dispute which the national court decides in the light of the preliminary ruling. .”
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The status of the so-called judges. The court decision is very important