Mon. Jan 13th, 2025

Principles of Community law

Transfers without consent of a judge from one court to another or between two divisions of the same court are liable to undermine the principles of the irremovability of judges and judicial independence

The order by which a court, ruling at last instance and sitting as a single judge, dismissed the action of a judge transferred against his will, must be declared null and void if the appointment of that single judge took place in clear breach of fundamental rules concerning the establishment and functioning of the judicial system concerned

Full text: 173/2021 : 6 October 2021 – Judgment of the Court of Justice in Case C-487/19

Forward to your friends