EU Court of Justice Finds Polish Judge Appointments Compromise Independence

The Court of Justice of the European Union ruled that the procedure used to appoint judges in Poland may jeopardise their independence and impartiality. The judgment highlights concerns that political influence over nominations could undermine the rule of law, describing recently appointed judges as “neo‑judges” whose decisions might be subject to annulment by other courts.

The decision stems from a preliminary ruling questioning the legitimacy of Poland’s National Council of the Judiciary and its role in selecting judges, emphasizing that judges must not sit in cases where they have a personal interest, in line with the principle nemo iudex in causa sua.