The International Legal Assistance Division submitted a prejudicial question in relation to this case to the Court of Justice of the European Union, regarding the consequences of problems with the independence of the Polish judiciary (see ECLI:NL:RBAMS:2020:4328 and this news bulletin). This question was answered on 17 December 2020 by the European Court (see ECLI:EU:C:2020:1033).

The prejudicial question submitted by the International Legal Assistance Division arises from the Court's opinion that there are systemic shortcomings in the legal order in Poland, as a consequence of which Polish legislation no longer guarantees the independence of the Polish judiciary. The International Legal Assistance Division wished to know from the Court whether such shortcomings should automatically result in the refusal to surrender persons claimed. The Court ruled in its answer that such shortcomings in themselves do not justify a refusal to surrender. A refusal is only possible if, in an individual case, there are concrete and serious reasons to assume that the rights of the person claimed have been or may be infringed.

The Court sees in the judgment of the European Court no reason to revise its opinion that there are systemic shortcomings in the legal order in Poland, as a result of which Polish legislation no longer guarantees the independence of the Polish judiciary. The Court's opinion does not imply a judgment of individual Polish judges and their attitude towards the Polish government and the Polish parliament, but relates to the system in which these Polish judges are required to do their work.

In the light of the European Court's answer, the International Legal Assistance Division is furthermore of the opinion that the Court of Appeal of Sieradz, which issued the European Arrest Warrant in relation to this case, was competent to do so, despite the systemic shortcomings in the Polish legal order.

The Court has reached the conclusion that there is no reason to assume that the fundamental right of the person claimed to an independent court has been infringed and that as a consequence he had a fair trial in 2018. The person claimed has not argued that he did not have a fair trial and has not provided any information that implies this.

The International Legal Assistance Division will therefore allow the surrender of the man to Poland.

A translated segment of the court's verdict can be found here (pdf, 167,1 KB). For the full (Dutch) version of the verdict, please click here.