The dispute over the limits of the European Union’s competences – remarks against the background of CJEU case law

Abstract

The text concerns the legal basis of the CJEU judgment of 15 July 2021 in case C 791/19 1European Commission v. The Republic of Poland. In this judgment, the Court adjudicated regarding the EU compliance of the national regulations governing the system of the organs of judicial authority. Against this background, it is argued that the system of the organs of judicial authority in any EU Member State does not fall within the competence granted to the EU, but remains solely within the competence of the Member State. The CJEU is empowered to adjudicate only within the scope of competences conferred upon the EU. The CJEU is not competent to take over the competences of the organs of state power of Member States or to thereby force them to adopt particular legal solutions. Any action taken by the CJEU without a proper legal basis has but the appearance of adjudication. In the authors’ opinion, the CJEU judgment raises many doubts as to its compliance with EU law.