Judgment_paragraph 141 · A.B. and Others v Krajowa Rada Sądownictwa and Others (C-824/18)

141As is apparent from settled case-law, a provision of national law which prevents the procedure laid down in Article 267 TFEU from being implemented must be set aside without the court concerned’s having to request or await the prior setting aside of that provision of national law by legislative or other constitutional means (see, to that effect, judgments of 14 December 1995, Peterbroeck, C‑312/93, EU:C:1995:437, paragraph 13 and the case-law cited, and of 5 October 2010, Elchinov, C‑173/09, EU:C:2010:581, paragraph 31 and the case-law cited). The same must apply with regard to an amendment to national law the specific effects of which are to prevent the Court from ruling on requests for a preliminary ruling submitted to it and to preclude any possibility of a national court repeating similar requests in the future. As was noted in paragraph 95 of this judgment, such a rule infringes Article 267 TFEU in a similar manner.