European Commission v Republic of Poland (C-791/19)
law://eu/cjeu/2019/c-791-19/para_139@2026-11-13
Key facts
Court
Court of Justice · Grand Chamber
Case
C-791/19 · ECLI:EU:C:2021:596
Decided
15 Jul 2021
Procedure
Infringement action
Applicant
European Commission
Defendant
Republic of Poland
Rapporteur
A. Prechal
Advocate General
E. Tanchev
Bench
15 judgesK. Lenaerts, R. Silva de Lapuerta, A. Arabadjiev, A. Prechal, M. Vilaras, M. Ilešič, A. Kumin, N. Wahl, T. von Danwitz, C. Toader, K. Jürimäe, C. Lycourgos, N. Jääskinen, I. Ziemele, J. Passer
139Consequently, it is important that the putting in issue of the disciplinary liability of a judge as a result of a judicial decision should be limited to entirely exceptional cases such as those referred to in paragraph 137 of the present judgment and be governed, in that regard, by objective and verifiable criteria, arising from requirements relating to the sound administration of justice, and also by guarantees designed to avoid any risk of external pressure on the content of judicial decisions and thus helping to dispel, in the minds of individuals, any reasonable doubts as to the imperviousness of the judges concerned and their neutrality with respect to the interests before them (see, by analogy, judgment in Asociaţia ‘Forumul Judecătorilor din România’ and Others, paragraph 233).