FOR Message 21/2018: The Supreme Court acted lawfully when it suspended national provisions and referred questions to the European Court of Justice.

The Supreme Court acted lawfully when it suspended national provisions and referred questions to the European Court of Justice.

•  The five questions referred for a preliminary ruling regarded recent changes in the laws regulating the judicial system
   
• The questions complement the proceedings conducted by the European Commission, which also has doubts regarding the Act on the Supreme Court
   
•  At the same time, the Supreme Court suspended the application of several provisions of the Act on the Supreme Court to certain judges
   
•  This actions of the Court are consistent with EU legislation and well-established case law of the EU Court of Justice
   
• ​The action of the executive authorities not complying with the decisions of the Supreme Court, would challenge not only Polish national law but also the legal order of the European Union

Author:

Patryk Wachowiec, legal analyst 
​patryk.wachowiec@for.org.pl

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