Case C-824/18: Judgment of the Court (Grand Chamber) of 2 March 2021 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — A.B., C.D., E.F., G.H., I.J. v Krajowa Rada Sądownictwa (Reference for a preliminary ruling — Article 2 and the second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection — Principle of judicial independence — Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) — Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary — Lack of independence of that council — Lack of effectiveness of the judicial remedy available against such a resolution — Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based — Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases — Article 267 TFEU — Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference — Article 4(3) TEU — Principle of sincere cooperation — Primacy of EU law — Power to disapply national provisions which do not comply with EU law)

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