Judgment in Joined Cases C-615/20 YP and C-671/20 M. M. – Lifting of immunity and suspension of a judge

Thursday 13th July 2023

Judgment in Joined Cases C-615/20 YP and others (Lifting of immunity and suspension of a judge) & C-671/20 M. M. (Lifting of immunity and suspension of a judge)

(Principles of Community law)

Extract from AG Collins’ Opinion – 15 December 2022

These requests for preliminary rulings again raise issues as to the compatibility with EU law of certain aspects of the recent reform of the Polish judicial system. They concern authorisations granted by the Izba Dyscyplinarna (Disciplinary Chamber) of

the Sąd Najwyższy (Supreme Court, Poland) to prosecute and to suspend a judge from

office, thereby preventing him or her from ruling on certain criminal cases to which he or she had been assigned.

For that purpose, the referring court asks the Court of Justice to interpret Article 2 and the second subparagraph of Article 19(1) TEU, Article 47 of the Charter of Fundamental Rights of the European Union, and the principles of primacy of EU law, sincere cooperation and legal certainty.

Should the Court decide that, as a matter of EU law, the Disciplinary Chamber could not lawfully grant those authorisations the referring court seeks to ascertain the consequences that conclusion has for the composition of the court seised of the criminal proceedings.

Background Documents C-615/20

Background Documents C-671/20