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Criteria of independence of the body participating in the procedure of appointing judges and the principle of judicial independence

According to the judgment of the Court of Justice of the EU of 19 November 2019, C-585/18, C-624/18 and C-625/18, in joined cases A.K. vs. Krajowa Rada Sądownictwa (C‑585/18) and CP (C‑624/18), DO (C‑625/18) vs. Sąd Najwyższy, if cases concerning the application of EU law falling within the exclusive jurisdiction of a court which is not an independent and impartial tribunal, within the meaning of Article 47 of the Charter of Fundamental Rights of the European Union, the principle of the primacy of EU law must be interpreted as requiring the referring court to disapply the provision of national law which reserves jurisdiction to hear and rule on the cases in the main proceedings to the abovementioned chamber.

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Keywords: principle of judicial independence; primacy of EU law; Disciplinary Chamber of the Supreme Court
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