The question of the Supreme Court went to the CJEU in connection with the plaintiff's request to conduct a test of the judge impartialitywhich was appointed by the National Council of the Judiciary in its new composition. A five -member composition was drawn to examine the application, in which there were three judges appointed by the new KRS.
The judge at the head of this composition issued a question to the Court of Justice of the European Union, or under European law, the very circumstances of the appointment of a judge may be sufficient to question his impartiality and independence. He also asked if judges appointed at the request of the new National Court Register could order in terms of the test.
According to the spokesperson general of the CJEU, shortcomings in the procedure of appointing office may indicate that Some judges “do not meet the requirements of independence and impartiality.”
He also decided that it was obvious that Members of the adjudicating panel in the matter of impartiality themselves cannot raise doubts in this respect.
