Court of Justice (Grand Chamber) 6 October 2021, C-487/19 (Proceedings brought by W.Ż.)

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The Court of Justice (Grand Chamber) ruled that the second subparagraph of Article 19(1) TEU and the principle of the primacy of EU law require a national court to declare null and void an order made by a judge whose appointment occurred in clear breach of fundamental rules governing the judicial system. Such a declaration is necessary where the circumstances of the appointment undermine the integrity of the process and create reasonable doubt regarding the judge's independence and impartiality, thereby failing the requirement of an independent and impartial tribunal previously established by law. This obligation applies specifically when a judge challenges a transfer without consent and the adjudicating body lacks the requisite judicial independence to ensure effective legal protection in fields covered by EU law.AI