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

Abstract

The gloss refers to a judgment of the CJEU of 15 July 2021 in case C 791/19 European Commission v Republic of Poland, in which the court adjudicated regarding the EU compliance of national regulations on the system of the organs of judicial authority. It is argued that the problem of the system of the organs of judicial authority in EU member states does not fall within the competence granted 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 upon the EU, and is not competent to take over the competences of the organs of state power of the Member States. The attempted appropriation of Member States’ competences by CJEU is a sign of the politicization of the CJEU, and undermines the character of the EU as an organization that respects the rule of law.