ECON-1006EL Study Guide - Quiz Guide: European Arrest Warrant, Preliminary Ruling, Judicial Independence
12 Oct 2020
School
Department
Course
Professor
Article 47 EUCFR
Right of access to an independent and impartial tribunal
Internal impartiality - to control the inside influence within the court -
External independence – independent from outside institutions from judiciary - to control other
institutions of the EU: Independence and impartiality
LM
European Arrest Warrant must have been issued by independent judicial
authority - surrender to Poland?
C-64/16
Portuguese
judges
Does a reduction of judges’ salaries affect independence? Article 47 versus
Article 19 TEU.
Court dismissed the case, by founding that this is national legislation and the
Charter of rights does not apply in this regard but only national law.
C-284/16
Achmea
Arbitration panels applying EU law and guarantees for judicial independence
– not possible, because arbitration institutions are not judicial bodies
established upon a law and their functions are mere private. Arbitration
excluded from the preliminary ruling procedure to the CJEU
References
by Polish
Court
European Arrest Warrant (prosecution between MS and surrender of the
alleged criminal) – the decision should be issued by an independent judicial
authority. Poland is requesting the surrender of L.M. from Irish Court. Irish
judge is following the media and is questioning to the CJEU if Poland is
respecting the balance and the independence of the polish institutions. CJEU
needs the Polish judiciary against its Government thus it ruled that: Irish Court
may check if the FR protection and access to judiciary is offered in Poland and
if you do not find concrete evidences then you have to surrender the alleged
criminal (because the procedure from art.7 is not finished so must presume
that there is independent judiciary in place). (Aranyosi case)
C-286/12
Commission
v Hungary
Radical lowering of judges’ retirement age – judicial dialogue between Polish
Courts and the CJEU – Preliminary question on the decision of the
