MJ v. AA, Case C-521/21, CJEU (Grand Chamber), 24 March 2026

National rules preventing review of judicial appointments breach the right to effective judicial protection. Nonetheless, irregularities in the appointment process do not automatically negate judicial independence, which must be assessed through an overall, case-specific evaluation.

Art. 19 TEU
Art. 47 Charter of Fundamental Rights of the European Union

1. An irregularity committed in the appointment of a judge is not sufficient, in itself, to conclude that that judge is not independent; it is necessary to carry out an overall assessment of all the circumstances surrounding that appointment.

2. Member States of the European Union must establish a legal framework which, having regard to the nature and seriousness of the irregularities committed during the judicial appointment procedure, makes it possible to assess whether persons irregularly appointed to judicial office may continue to exercise their functions.

3. National legislation which prevents courts from reviewing the legality of the appointment of other judges, thereby limiting the possibility of verifying compliance with the requirement of a “tribunal previously established by law”, is contrary to Article 19(1), second subparagraph, TEU (the right to effective judicial protection) and must therefore be disapplied.