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TRIIAL CASE
Romania – Court of Justice of the European Union (First Chamber) Case C-216/21 of 7 September 2023, ECLI:EU:C:2023:628 (request for a preliminary ruling from the Curtea de Apel Ploieşti - Romania) – Asociația ‘Forumul Judecătorilor din România’ and YN v Consiliul Superior al Magistraturii
Deciding court: Court of Justice of the European Union
Topic: Rule of law, independence of the judiciary
National Follow Up Of (when relevant): The national case is not the direct follow-up of a CJEU or ECtHR decision.
ECtHR jurisprudence: The ECHR jurisprudence was not referred to in this case.
TRIIAL CASE
Slovenia, The Ethics and Integrity Commission, Decision Su Ek 7/2023-10 of 16 January 2024 – Are retired judges bound by judicial ethics?
Deciding court: Ethics and Integrity Commission of the Judicial Council of the Republic of Slovenia
Topic: Independence, accountability, impartiality, freedom of expression
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Spain, Supreme Court, nº 121/2022, 2 February 2022
Deciding court: Supreme Court
Topic: impartiality
National Follow Up Of (when relevant): NO
ECtHR jurisprudence: N/A
TRIIAL CASE
Romania – Court of Justice of the European Union (First Chamber) Case C-53/23 of 8 May 2024, ECLI:EU:C:2024:388 (request for a preliminary ruling under Article 267 TFEU from the Curtea de Apel Piteşti (Court of Appeal Piteşti, Romania), made by decision of 31 January 2023, in the proceedings Asociația ‘Forumul Judecătorilor din România’, Asociația ‘Mișcarea pentru Apărarea Statutului Procurorilor’ v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României
Deciding court: Court of Justice of the European Union
Topic: Rule of law, independence of the judiciary, Cooperation and Verification Mechanism, Benchmarks subscribed to by Romania, Fight against corruption, Investigations of offences committed within the judicial system, Action challenging the nomination of prosecutors with competence to conduct those investigations, Standing of professional associations of judges to bring proceedings
National Follow Up Of (when relevant): The national case is not the direct follow -up of a CJEU or ECtHR decision.
ECtHR jurisprudence: The ECHR jurisprudence was not referred to in this case.
TRIIAL CASE
Portugal, Superior Council of the Judiciary, April 2024
Deciding court: Superior Council of the Judiciary
Topic: Conflict of interests; individual judges’ liability
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Spain, Supreme Court, nº822/2023, 19 June 2023
Deciding court: Supreme Court
Topic:  independence, accountability
National Follow Up Of (when relevant): NO
ECtHR jurisprudence: Article 6.1 ECHR
TRIIAL CASE
Slovenia, Supreme Court of the Republic of Slovenia, Judgment U 4/2021-25, supreme, 12 July 2021, ECLI:SI:VSRS:2021:U.4.2021.25
Deciding court: Supreme Court of the Republic of Slovenia
Topic: independence and accountability
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: Oleksandr Volkov v. Ukraine, App. no. 21722/11, 27. 5. 2013Denisov v. Ukraine, App. no. 76639/11, 25. 9. 2018Tsanova-Gecheva v. Bolgaria, App. no. 43800/12, 15. 9. 2015Harabin v. Slovakia, App. no. 58688/11, 20. 11. 2012Olujić v. Croatia, App no. 22330/05, 5. 5. 2009Baka v. Hungary, App no. 20261/12, 23. 6. 2016
TRIIAL CASE
Portugal, Superior Council of the Judiciary, July 2021
Deciding court: Superior Council of the Judiciary
Topic: Conflict of interests; individual judges’ liability
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Poland, Supreme Court, Chamber of Professional Liability, II ZOW 47/22, acting as appelate court
Deciding court: Supreme Court
Topic: Impartiality
National Follow Up Of (when relevant): N/A
ECtHR jurisprudence: N/A
TRIIAL CASE
Poland, Supreme Court of Poland, II CSKP 556/22, Supreme, October 26, 2022
Deciding court: Supreme Court
Topic: independence, accountability, impartiality
National Follow Up Of (when relevant): The case discusses and references decisions by the ECtHR as well as the jurisprudence of the CJEU. Specifically, the judgment mentions the ECtHR rulings related to the legitimacy of the judicial appointments in Poland and their impact on the independence and impartiality of the judiciary(e.g. Reczkowicz v. Poland, Dolińska-Ficek and Ozimek v. Poland, Advance Pharma Sp. z o.o. v. Poland). Moreover, it also discusses the CJEU ruling that interprets EU law concerning judicial independence (Case C-487/19). However, while the Polish Supreme Court's decision in this case heavily references and is influenced by these European courts' decisions, it is not a direct follow-up to a specific CJEU or ECtHR decision.
ECtHR jurisprudence: European Convention on Human Rights:Article 6.The Supreme Court referenced several key ECtHR cases to underline the importance of judicial independence and impartiality in ensuring the right to a fair trial:Reczkowicz v. Poland (Application No. 43447/19, Judgment of 22 July 2021):The ECtHR ruled that the composition of Poland's National Council of the Judiciary (KRS), influenced by political powers, compromised judicial independence, violating the applicant's right to a fair trial under Article 6(1) of the European Convention on Human Rights.Dolińska-Ficek and Ozimek v. Poland (Applications Nos. 49868/19 and 57511/19, Judgment of 8 November 2021):The Court found that the judicial appointment process under the restructured KRS did not adhere to the standards of independence and impartiality required by Article 6(1) of the Convention.Advance Pharma Sp. z o.o. v. Poland (Application No. 1469/20, Judgment of 3 February 2022):The ECtHR determined that irregularities in the judicial appointment process undermined the applicant’s right to a tribunal established by law, as protected by Article 6(1) of the Convention.These judgments, as cited by the Supreme Court, highlight the importance of maintaining judicial independence and impartiality to ensure compliance with the right to a fair trial as guaranteed by the European Convention on Human Rights.
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