Judgement of the CJEU and reform of the justice system
Judgement of the CJEU
Some people have transferred competence to influence and shape the justice of the member states to the EU Court of Justice.
There is no such provision in any EU treaty. However, if so, please indicate it. The system and organization of the judicial system in the Member States remains outside the scope of EU competence.
Therefore, there is no doubt that, in general, the system and organization of the judicial system in the Member States is outside the scope of EU competence which the Member States confer on the Union.
Thus, these issues should be outside the area of interest of EU bodies, as being the sole responsibility of individual countries.
It should also be remembered that not only in Poland, but also in Germany, the Constitutional Tribunal is obligated to perceive its position in such a way that in fundamental matters of a political dimension (also regarding the system of the judiciary), it retains the position of the ”court of last word” in reference to the Polish Constitution. The German Federal Constitutional Court stated on May 5, 2020 that it was not bound by the decision of the CJEU.
Judges from Karlsruhe have ruled that the European Central Bank (ECB) sovereign bond purchase program is partly incompatible with the German Basic Law. “If you can’t stand the heat, stay out of the kitchen,” commented the president of the CJEU, Koen Lenaerts, on the judgement of colleagues from Karlsruhe.
Already in 2008 in the pages of “Frankfurter Allgemeine Zeitung” the former president of Germany and former president of the Federal Constitutional Court Roman Herzog said “Stop the European Court” (as far as the political associations of judges in other countries – Roman Herzog was a politician, later a judge/president of the Chamber and consecutively the president of Germany).
He added that with the help of even more amazing arguments, the CJEU deprives Member States of their original competence and massively interferes with their legal order.
I do not need to remind you that in 2019 the German Constitutional Court clearly indicated that if the CJEU exceeds the law, a Member State is not able to enforce the judgement. On June 30, 2009, on the other hand, the German Constitutional Chamber reserved the powers of justice for Germany as an EU Member State. How do you assess these rulings?