2020
DOI: 10.1017/s1574019620000024
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An Uncertain First Step in the Field of Judicial Self-government: ECJ 19 November 2019, Joined Cases C-585/18, C-624/18 and C-625/18,A.K.,CPandDO

Abstract: The last decade has seen a surge in interest in questions of judicial self-governmentand in judicial councils in particularby international organisations, 1 judicial associations 2 and legal scholars. 3 Increasingly, questions on these topics have also been brought before international courts, with two cases making it to the Grand Chamber of the European Court of Human Rights in 2018 alone. 4 The judgment in the joined cases of A.K., CP and DO was the first opportunity for

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Cited by 4 publications
(2 citation statements)
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“…The case law took the form of both direct actions by the Commissionas in Commission v. Poland (The Independence of Supreme Court) (for an analysis see Bárd and Śledzińska-Simon, 2020), or Commission v. Poland (Independence of Ordinary Judges) highlighting the 'cardinal' importance of the principle of irremovabilityand via preliminary references routeas in AK (see Leloup, 2020) where the Court instructed the Polish referring court to apply its judicial independence test to the body in dispute. While the Polish Supreme Court has done exactly that, also holding that the Disciplinary Chamber's past and future decisions 'deserve no protection', 25 Supreme Court decisions were ignored, leaving AK without application.…”
Section: Helping Judges Under Attack: Cjeu Standard In the Cases On R...mentioning
confidence: 99%
“…The case law took the form of both direct actions by the Commissionas in Commission v. Poland (The Independence of Supreme Court) (for an analysis see Bárd and Śledzińska-Simon, 2020), or Commission v. Poland (Independence of Ordinary Judges) highlighting the 'cardinal' importance of the principle of irremovabilityand via preliminary references routeas in AK (see Leloup, 2020) where the Court instructed the Polish referring court to apply its judicial independence test to the body in dispute. While the Polish Supreme Court has done exactly that, also holding that the Disciplinary Chamber's past and future decisions 'deserve no protection', 25 Supreme Court decisions were ignored, leaving AK without application.…”
Section: Helping Judges Under Attack: Cjeu Standard In the Cases On R...mentioning
confidence: 99%
“…Moreover, the recent wave of political backlashes against courts has shown that they are actually very susceptible to political capture (Sadurski, 2019 ). Despite this development, the CoE and EU bodies, nowadays including the European Court of Human Rights and the Court of Justice of the European Union, still endorse the judicial council model as the superior mode of judicial governance 2 (Leloup, 2020 ) and even seem to prevent any undoing or readjustment of such model by developing a “nonregression” principle (Leloup et al, 2020 ).…”
Section: Introduction: Reconstructing the Understanding Of Judicial ...mentioning
confidence: 99%