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Case C-146/23, Sąd Rejonowy w Białymstoku: Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku (Poland) lodged on 10 March 2023 — XL v Sąd Rejonowy w Białymstoku
ECLI:EU:UNKNOWN:62023CN0146
62023CN0146
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12.6.2023
EN
Official Journal of the European Union
C 205/28
(Case C-146/23, Sąd Rejonowy w Białymstoku)
(2023/C 205/32)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: XL
Defendant: Sąd Rejonowy w Białymstoku
Question referred
Should Article 2 of the Treaty on European Union, which defines the values on which the European Union is based with regard to respect for the rule of law, and the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, which requires Member States to ensure effective legal protection, which is based on the right to a fair and public hearing, be interpreted as meaning that the principle of judicial independence precludes provisions of national legislation which, for the purpose of limiting government spending, waives a mechanism for setting judges’ pay on the basis of objective criteria that are independent of arbitrary interference by the executive and legislative authorities, resulting in sustained cuts to the pay of judges, thereby infringing the constitutional guarantees by which judges are granted remuneration consistent with the dignity of their office and the scope of their duties and the administration of justice is carried out by independent courts and independent judges?