Fine Feathers Make Fine Birds, but Robes Do Not Make Judges

The judgment delivered on 21 December 2023 by the Grand Chamber of the European Court of Justice in LG v Krajowa Rada Sądownictwa (LG) represents a significant development in the evolving and contested jurisprudence of the Court concerning judicial independence and the definition of a national court under Article 267 TFEU.At its core, the judgment exposes a fundamental dilemma in the Court's case law: whether to preserve the openness and inclusiveness of the preliminary ruling mechanism, even at the risk of legitimising flawed judicial bodies, or to safeguard the integrity of judicial review and uphold strict judicial independence standards in the EU, though this may result in excluding entire formations of national courts from judicial dialogue with the Court.In LG, the Court opted for the latter option and ruled that the Chamber of Extraordinary Control and Public Affairs (the Chamber) of the Polish Supreme Court does not qualify as a 'court or tribunal' within the meaning of Article 267 TFEU.Consequently, the Chamber's request for a preliminary ruling was declared inadmissible.