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THE MUTUALITY OF JUDICIAL INDEPENDENCE AND CURRENT JUDICIAL DIALOGUE IN THE EUROPEAN UNION. A FEW REMARKS IN THE CONTEXT OF THE CASE OF THE POLISH JUDICIARY
Anna DRABARZ1
Social changes within the legal framework
Publication language: English
Journal article
Transformations No. 3 (114) 2022, Publication date: 30 September 2022
Keywords: Judicial independence; Effective judicial protection; Freedom of expression; Court of Justice of the European Union; Poland; Judicial impartiality
Abstract Independence is essential to the functioning of the judiciary and its individual members in the EU Member States. The recent dialogue between the CJEU and Polish courts has raised a number of issues linked to the notion of judicial independence. The case gives a multi-faceted insight on how the independence of the judiciary remains not only a relevant subject of important ongoing debates, but also a preliminary condition for entering into an efficient transnational judicial dialogue. Judicial independence must be considered a duty of states and individual judges, as well as having become a criterion verifiable by the CJEU. The authors argue that without operational and active European courts looking in their broader context and establishing an open dialogue on the issues in question, assisted by the CJEU, EU political processes lose an important source of insight and a point of reference. However, the CJEU’s duty is to initiate a constructive improvement formula with a “reconciliation dialogue” based on a compromise approach, towards the ideal of judicial independence untouched by politics.
ment Public International Law, Faculty of Law, University of Bialystok, Poland
ORCID: 0000-0003-0855-3841
E-mail: a.drabarz@uwb.edu.pl