Criminal procedures, preliminary references and judicial independence: A balancing act? Case C-564/19 IS

Abstract

In Case C-564/19 IS, the Court of Justice of the European Union delivered a judgement on two significant issues of EU law. First, it clarified the obligations of Member States under Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings regarding the provision of linguistic assistance during the criminal procedure and the consequences of failure to adhere to them. Second, it ruled on the EU-law conformity of national judicial decisions taken by higher courts which can indirectly constrict the right of lower courts of a Member State to initiate preliminary ruling procedures before the CJEU. Thirdly, it held national measures where the referring judge is submitted to a disciplinary procedure for referring a question to the CJEU contrary to EU law. The judgment builds on and further develops the Court's jurisprudence on preliminary rulings and judicial independence.