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Thursday, May 23, 2024

The CJEU issued a judgment in the case of Judge Igor Tuleya

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European Union law requires that Judge Igor Tuleya be able to continue to exercise his powers, the Court of Justice of the European Union stated in its judgment on Thursday. He stressed that Polish courts are obliged to “respect this regulation” and “draw all the resulting consequences”.

The case in which he ruled CJEU, concerns the removal of Tuleya from adjudication in 2020. Then the decision was issued by the unrecognized and today non-existent Disciplinary Chamber of the Supreme Court.

In Thursday’s judgment, the CJEU reminded that the resolution to remove Tuleya from adjudication “was based on national provisions that the Court recently found to be contrary to (…) the Treaty on European Union”.

As the Tribunal ruled, “Polish courts are obliged to ensure respect for this regulation and the statement made by the Tribunal and to draw all the resulting consequences”. This means – we read – that “national courts should refrain from applying an act such as a resolution of the Disciplinary Chamber where, from the point of view of a given procedural situation, it is indispensable to guarantee the primacy of EU law”.

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EU law – stated the CJEU – “requires that the judge Igor Tuleya could continue to exercise its judicial powers in pending criminal proceedings” and “that the adjudicating panel to which the case originally entrusted to Judge Igor Tuleyi was transferred refrained from adjudicating and the competent judicial authorities reassigned it to Judge Tuleyi”.

Igor TuleyaTVN facts

The Tribunal emphasized that “national provisions which prohibit the courts from examining the binding force of the resolution issued by the Disciplinary Chamber, nor the jurisprudence of the constitutional court that does not allow for such an examination, cannot prevent the withdrawal from applying this resolution (on removal of Tuleya – ed.)”.

Main photo source: TVN facts

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