Judgment_paragraph 104 · BN and Others v Getin Noble Bank S.A (C-132/20)

104In that regard, it should be noted that, in order to be able to accede to the European Union, the Republic of Poland had to satisfy criteria to be fulfilled by the States which are candidates for accession, such as those established by the European Council in Copenhagen on 21 and 22 June 1993. Those criteria require inter alia that the State which is candidate must ensure the ‘stability of institutions guaranteeing democracy, the rule of law, human rights, and the respect for and protection of minorities’. Similarly, Article 49 TEU, which provides for the possibility for any European State to apply to become a member of the European Union, states that the European Union is composed of States which have freely and voluntarily committed themselves to the common values contained in Article 2 TEU, including the value of the rule of law, which respect those values and which undertake to promote them (see, to that effect, judgment of 20 April 2021, Repubblika, С-896/19, EU:C:2021:311, paragraph 61). Thus, at the time the Republic of Poland acceded to the European Union, it was considered that, in principle, the judicial system was compatible with EU law.

BN and Others v Getin Noble Bank S.A (C-132/20)

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