# C_2021228EN.01000701.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 228/7 |
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14.6.2021

EN

Official Journal of the European Union

C 228/7

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Judgment of the Court (Grand Chamber) of 20 April 2021 (request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili — Ġurisdizzjoni Kostituzzjonali — Malta) — Repubblika v Il-Prim Ministru

(Case C-896/19) (1)

(Reference for a preliminary ruling - Article 2 TEU - Values of the European Union - Rule of law - Article 49 TEU - Accession to the European Union - No reduction in the level of protection of the values of the European Union - Effective judicial protection - Article 19 TEU - Article 47 of the Charter of Fundamental Rights of the European Union - Scope - Independence of the members of the judiciary of a Member State - Appointments procedure - Power of the Prime Minister - Involvement of a judicial appointments committee)

(2021/C 228/08)

Language of the case: Maltese

Referring court

Prim’Awla tal-Qorti Ċivili — Ġurisdizzjoni Kostituzzjonali

Parties to the main proceedings

Applicant: Repubblika

Defendant: Il-Prim Ministru

Intervening party: WY

Operative part of the judgment

| 1. | The second subparagraph of Article 19(1) TEU must be interpreted as meaning that it may be applied in a case in which a national court is seised of an action provided for by national law and seeking a ruling on the conformity with EU law of national provisions governing the procedure for the appointment of members of the judiciary of the Member State to which that court belongs. Article 47 of the Charter of Fundamental Rights of the European Union must be duly taken into consideration for the purposes of interpreting that provision. |
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1.

The second subparagraph of Article 19(1) TEU must be interpreted as meaning that it may be applied in a case in which a national court is seised of an action provided for by national law and seeking a ruling on the conformity with EU law of national provisions governing the procedure for the appointment of members of the judiciary of the Member State to which that court belongs. Article 47 of the Charter of Fundamental Rights of the European Union must be duly taken into consideration for the purposes of interpreting that provision.

| 2. | The second subparagraph of Article 19(1) TEU must be interpreted as not precluding national provisions which confer on the Prime Minister of the Member State concerned a decisive power in the process for appointing members of the judiciary, while providing for the involvement, in that process, of an independent body responsible for, inter alia, assessing candidates for judicial office and giving an opinion to that Prime Minister. |
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2.

The second subparagraph of Article 19(1) TEU must be interpreted as not precluding national provisions which confer on the Prime Minister of the Member State concerned a decisive power in the process for appointing members of the judiciary, while providing for the involvement, in that process, of an independent body responsible for, inter alia, assessing candidates for judicial office and giving an opinion to that Prime Minister.

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(1)  OJ C 77, 9.3.2020.

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