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Document 62020CA0615
Joined Cases C-615/20 and C-671/20, YP and Others (Lifting of a judge’s immunity and his or her suspension from duties): Judgment of the Court (Grand Chamber) of 13 July 2023 (requests for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Criminal proceedings against YP and Others (C-615/20), M.M. (C-671/20) (References for a preliminary ruling — Second subparagraph of Article 19(1) TEU — Rule of law — Effective legal protection in the fields covered by Union law — Independence of judges — Primacy of EU law — Article 4(3) TEU — Duty of sincere cooperation — Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) — Lack of independence and impartiality on the part of that chamber — Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge — Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties — Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned — Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions)
Joined Cases C-615/20 and C-671/20, YP and Others (Lifting of a judge’s immunity and his or her suspension from duties): Judgment of the Court (Grand Chamber) of 13 July 2023 (requests for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Criminal proceedings against YP and Others (C-615/20), M.M. (C-671/20) (References for a preliminary ruling — Second subparagraph of Article 19(1) TEU — Rule of law — Effective legal protection in the fields covered by Union law — Independence of judges — Primacy of EU law — Article 4(3) TEU — Duty of sincere cooperation — Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) — Lack of independence and impartiality on the part of that chamber — Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge — Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties — Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned — Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions)
Joined Cases C-615/20 and C-671/20, YP and Others (Lifting of a judge’s immunity and his or her suspension from duties): Judgment of the Court (Grand Chamber) of 13 July 2023 (requests for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Criminal proceedings against YP and Others (C-615/20), M.M. (C-671/20) (References for a preliminary ruling — Second subparagraph of Article 19(1) TEU — Rule of law — Effective legal protection in the fields covered by Union law — Independence of judges — Primacy of EU law — Article 4(3) TEU — Duty of sincere cooperation — Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) — Lack of independence and impartiality on the part of that chamber — Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge — Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties — Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned — Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions)
OJ C 321, 11.9.2023, p. 3–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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11.9.2023 |
EN |
Official Journal of the European Union |
C 321/3 |
Judgment of the Court (Grand Chamber) of 13 July 2023 (requests for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Criminal proceedings against YP and Others (C-615/20), M.M. (C-671/20)
(Joined Cases C-615/20 and C-671/20, (1) YP and Others (Lifting of a judge’s immunity and his or her suspension from duties))
(References for a preliminary ruling - Second subparagraph of Article 19(1) TEU - Rule of law - Effective legal protection in the fields covered by Union law - Independence of judges - Primacy of EU law - Article 4(3) TEU - Duty of sincere cooperation - Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) - Lack of independence and impartiality on the part of that chamber - Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge - Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties - Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned - Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions)
(2023/C 321/03)
Language of the case: Polish
Referring court
Sąd Okręgowy w Warszawie
Parties to the main criminal proceedings
YP and Others (C-615/20), M.M. (C-671/20)
Intervening parties: Prokuratura Okręgowa w Warszawie, Komisja Nadzoru Finansowego and Others (C-615/20)
Operative part of the judgment
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1. |
The second subparagraph of Article 19(1) TEU must be interpreted as precluding national provisions which confer on a body, whose independence and impartiality are not guaranteed, jurisdiction to authorise the initiation of criminal proceedings against judges of the ordinary courts and, where such authorisation is issued, to suspend the judges concerned from their duties and to reduce their remuneration during that suspension. |
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2. |
The second subparagraph of Article 19(1) TEU, the principle of the primacy of EU law and the principle of sincere cooperation laid down in Article 4(3) TEU must be interpreted as meaning:
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3. |
The second subparagraph of Article 19(1) TEU and the principles of the primacy of EU law and of sincere cooperation must be interpreted as meaning:
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4. |
The second subparagraph of Article 19(1) TEU and the principles of the primacy of EU law and of sincere cooperation must be interpreted as precluding:
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