The article discusses the recent opinion issued by the Advocate General of the Court of Justice of the European Union (CJEU) concerning a preliminary ruling requested by Judge Aneta Łazarska from the District Court in Warsaw. The situation arose after Judge Łazarska was assigned a total of 100 cases that had been reallocated from another judge, who was transferred to a different division. Out of these, 56 cases were assigned to her, prompting her to appeal to the president of the court for a fair distribution among all 17 judges involved in the allocation process. However, her appeal was denied, raising concerns about the fairness and integrity of the case assignment system.

As a result, Judge Łazarska referred her concerns to the CJEU, questioning whether the new judicial panel formed following the case reassignment can be considered a legitimate and independent court in line with EU law. The issues at stake include the arbitrary and unlawful removal of a judge from handling certain cases and the implications of the case reassignment conducted by the system in place. This inquiry not only addresses procedural fairness but also touches upon the broader principles of judicial independence and the rule of law within the framework of the European Union, highlighting potential systemic issues within the Polish judiciary.

The implications of the CJEU's opinion could be significant for Poland's judicial system, especially in light of ongoing tensions between EU standards and Poland's national judicial reforms. Depending on the CJEU's guidance, this case may set a precedent for how similar cases are handled in the future and could influence the overall perception of judicial independence in Poland, which has faced scrutiny from EU institutions. The outcome may also impact the relationship between the Polish government and EU authorities, particularly regarding compliance with EU law and the protection of judicial independence.