How Not to Deal with (Decisions of Irregularly Appointed) Polish Judges

Should irregularly appointed judges, i.e. those previously selected in unlawful procedures in a Member State in the midst of a rule of law crisis, be allowed to participate in judicial decision-making? If they did not recuse themselves, should their decisions be declared null and void? This contribution analyses the Court of Justice’s recent case law that addresses those questions as well as its national receptions. The suggestion made is simple. In the rather abstract battles over the primacy of EU law and the safeguarding of EU values before national courts, it is vital to seek balance with the key purpose any judicial system worthy of that name is supposed to serve: sensible resolution of social conflicts and the protection of rights and legitimate expectations of individuals.