‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.Įveryone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. …Īs provided in Article 51 of the Charter: Title VI of the Charter, headed ‘Justice’, includes Article 47 thereof, entitled ‘Right to an effective remedy and to a fair trial’, which states as follows: Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law.’ It shall ensure that in the interpretation and application of the Treaties the law is observed. ‘The Court of Justice of the European Union shall include the Court of Justice, the General Court and specialised courts. ![]() These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.’ ‘The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Having regard to the written procedure and further to the hearing on 12 February 2019,Īfter hearing the Opinion of the Advocate General at the sitting on 11 April 2019,īy its application, the European Commission requests that the Court declare that, first, by lowering the retirement age of the judges appointed to the Sąd Najwyższy (Supreme Court, Poland) and by applying that measure to the judges in post appointed to that court before 3 April 2018 and, secondly, by granting the President of the Republic the discretion to extend the period of judicial activity of judges of that court beyond the newly fixed retirement age, the Republic of Poland has failed to fulfil its obligations under the combined provisions of the second subparagraph of Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’). Hungary, represented by M.Z. Fehér, acting as Agent,Ĭomposed of K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, A. Prechal (Rapporteur), M. Vilaras and E. Regan, Presidents of Chambers, E. Juhász, M. Ilešič, J. Malenovský, L. Bay Larsen, D. Šváby, C. Vajda, P.G. Xuereb, N. Piçarra, L.S. Rossi and I. Jarukaitis, Judges, Republic of Poland, represented by B. Majczyna, K. Majcher and S. Żyrek, acting as Agents, (Failure of a Member State to fulfil obligations - Second subparagraph of Article 19(1) TEU - Rule of law - Effective judicial protection in the fields covered by Union law - Principles of the irremovability of judges and judicial independence - Lowering of the retirement age of Supreme Court judges - Application to judges in post - Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic)ĪCTION under Article 258 TFEU for failure to fulfil obligations, brought on 2 October 2018,Įuropean Commission, represented by K. Banks, H. Krämer and S.L. Kalėda, acting as Agents, Judgment of the Court (Grand Chamber) of 24 June 2019.Įuropean Commission v Republic of Poland.įailure of a Member State to fulfil obligations - Second subparagraph of Article 19(1) TEU - Rule of law - Effective judicial protection in the fields covered by Union law - Principles of the irremovability of judges and judicial independence - Lowering of the retirement age of Supreme Court judges - Application to judges in post - Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic.Ĭourt reports – general – 'Information on unpublished decisions' section ![]() Judgment of the Court (Grand Chamber) of 24 June 2019.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations - Second subparagraph of Article 19(1) TEU - Rule of law - Effective judicial protection in the fields covered by Union law - Principles of the irremovability of judges and judicial independence - Lowering of the retirement age of Supreme Court judges - Application to judges in post - Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic.#Case C-619/18.
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