Judicial Legislation as a Form of the Appropriation of Competences Not Conferred upon the EU and the Politicization of the CJEU
Judicial Legislation as a Form of the Appropriation of Competences Not Conferred upon the EU and the Politicization of the CJEU

Summary/Abstract: The gloss refers to a judgment of the CJEU of 15 July 2021 in case C 791/19 European Commissionv Republic of Poland, in which the court adjudicated regarding the EU compliance of nationalregulations on the system of the organs of judicial authority. It is argued that the problem of thesystem of the organs of judicial authority in EU member states does not fall within the competencegranted to the EU, but remains the exclusive competence of Member States themselves.The CJEU is empowered to adjudicate only within the scope of competences conferred uponthe EU, and is not competent to take over the competences of the organs of state power of theMember States. The attempted appropriation of Member States’ competences by CJEU is a signof the politicization of the CJEU, and undermines the character of the EU as an organization thatrespects the rule of law.

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