The case arose after a Polish court asked whether the ability of the Polish government to effectively second one of three judges to a panel that decides criminal cases or to end a secondment violated the requirement of judicial independence.
The Polish court said that the postings and dismissals were not based on predefined legal criteria and that the latter did not need to be accompanied by a justification.
The Court of Justice of the European Union (Court of Justice) said that rules on secondments must provide the necessary guarantees to prevent the risk of them being used as a means of exercising political control over judicial decisions.
Poland’s nationalist government is involved in a series of disputes with the EU over issues such as the rule of law and judicial reforms, which critics say undermine the independence of the judiciary.
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