How Not to Deal with Poland’s Fake Judges’ Requests for a Preliminary Ruling

oleh: Laurent Pech, Sébastien Platon

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH

Deskripsi

<p>In his Opinion of 8 July 2021 in Case C-132/20 Getin Noble Bank, AG Bobek advised the Court of Justice to find admissible a national request for a preliminary ruling originating from an individual who was appointed to Poland’s Supreme Court on the back of manifest and grave irregularities. In this specific case, contrary to the position of AG Bobek, we submit that the ECJ must find the request inadmissible as the referring individual cannot be considered a tribunal established by law.</p>