Jeopardizing Judicial Dialogue is Contrary to EU Law

Abstract

On 15 April 2021, AG Pikamäe delivered his opinion in the IS case, originating from a Hungarian criminal proceeding against a Swedish national. The national judge referred three questions for preliminary reference to the CJEU, one regarding the suspect’s right to translation and two regarding the general status of judicial independence in Hungary. As a reaction, the Hungarian Prosecutor General initiated a so-called “appeal in the interests of the law” and the Hungarian Supreme Court held the reference to be unlawful. As a direct consequence of the declaration of illegality, disciplinary proceedings were started against the judge. These latter procedures were addressed in additional questions to the CJEU.