Judgment
Full text
As regards, thirdly, Article 82(2) to (5) of the amended Law on the Supreme Court, the Republic of Poland asserts that, in accordance with Article 1(1)(a) of that law, the Sąd Najwyższy (Supreme Court) has jurisdiction to adopt resolutions concerning questions of law relating to all cases falling within the jurisdiction of that court. In that regard, the second complaint is based entirely on an alleged requirement that, where such questions of law relate to the independence of the judiciary, they must be decided by the courts before which those questions are raised, a requirement whose existence the Commission has not, however, in any way substantiated. Moreover, the very purpose of the procedure for resolving a question of law consists precisely, in the presence of a complex matter likely to give rise to differences in interpretation, in allowing a court before which such a question has been raised to refer the examination of that question to a higher specialised formation of the court in order to obtain the necessary clarification and to prevent, in the interests of legal certainty, significant and persistent divergences in the case-law. Furthermore, such a mechanism does not oblige the courts concerned to request a decision on a question of law, but allows them to do so, and such a decision concerns only the interpretation of the law and not its application, which would continue to fall within the jurisdiction of the court seised of the substance of the dispute in question.