On March 26, the CJEU released a surprising – if not to say disappointing – judgment on the Polish system of disciplinary measures against judges. While the Court confirmed the ample material scope of Article 19(1)(2) TEU, it simultaneously restricted the procedural possibilities to remedy infringements via the preliminary reference procedure.
Commission v. Poland gives the Court not only the opportunity to put ASJP into practice but also to clarify the doctrinal framework for finally addressing the developments in “backsliding” Member States under EU law. This contribution will shed some light on these two uncertainties, suggest ways of how the Court could resolve them and explore the potential repercussions for the EU legal order.
13. September 2025
Giovanni Capoccia
12. September 2025
Anne Peters
12. September 2025
Anne Peters