Independence of the courts and judges in Germany and the Land ofThuringia in the light of the case law of the Court of Justice. Casestudy analysis of the reference for a preliminary ruling broughtby the Landgericht Erfurt in the case of A.G.E. p. BAG (C-276/20)

Abstract

On the basis of the pending case A.G.E. v. BAG (C-276/20) before the CJEU, the author attemptsto present the issue of the independence of the judiciary and independence of judgesin the Federal Republic of Germany with the emphasis on the regulation of the Free State ofThuringia. The axis of the problem is the question of whether the Erfurt Regional Court isconsidered to be a "court" within the meaning of Article 267 TFEU and thus the admissibilityof a question for a preliminary ruling. The point of reference will be the existing case law of theLuxembourg Court, in particular the judgment in VQ v. Land Hessen (C-272/19). The analysisof the reference for a preliminary ruling prompts interesting comparative considerations betweenthe Polish and German (federal and Thuringian) regulations on the status of judges, includingtheir appointment and promotion. The aim of the article is to show the German court'sdoubts regarding the interference of the legislative and executive powers with the principle ofjudicial independence. The article may prove interesting in the context of the ongoing heateddiscourse on the rule of law and changes in the judiciary in Poland.