Michał Krajewski

European Ombudsman · Directorate of Inquiries

This Article sheds new light on the long-running debate in EU legal studies about how intense the EU judicial review of complex and uncertain assessments requiring specialist knowledge could and should be. It argues that it is necessary to move beyond formulas and concepts hammered out in the judicial statements of reasons and consider how the inst...

Scholars have intensely debated the justiciability of constitutional social rights, an essential aspect of transformative constitutionalism in Central and Eastern Europe. This article examines the reasons for displacing social rights in the Polish constitutional discourse and the obstacles in the way of these rights’ gaining normative substance. Po...

Litigants have recently called in question the limited extent to which EU boards of appeal delve into contentious empirical appraisals adopted by the respective agencies. This chapter explores the review technique of the EU Courts and several boards of appeal engaged in empirically complex cases decided between 2014 and 2018. It argues that neither...

This book is devoted to the Boards of Appeal of the EU agencies. While EU agencies are a diverse group, one subcategory among them has been granted the power to adopt binding decisions. Those agencies have also been established with an organizationally separate administrative review body, a Board of Appeal (BoA). In theory, these BoAs have a dual f...

The judgment in A.K. and others v. Sad Najwyższy was eagerly awaited as another red line for the EU rule of law. It provided a test for assessing the independence of national courts in their capacity as EU courts. In contrast to a bold stance by the Advocate General, the ECJ demonstrated sensible self-restraint. It did not prescribe ready-made inst...

Reporting about their activities, the EU Courts attach great importance to the efficiency of judicial proceedings. Little is known however about how they strive at efficiency in practice; especially, how they strike a balance between procedural economy and the right of the parties to meaningful participation in judicial proceedings. Relying on empi...

The LM case offered first proof of the expected disruptions to judicial cooperation between EU Member States and Poland due to its controversial judicial reforms. It concerned a European Arrest Warrant issued by a Polish court. In the judgment, the Court of Justice confirmed that the risk of an unfair trial in a Member State issuing a European Arre...

This Insight comments on the recent judgment of the Court of Justice in Associação Sindical dos Juízes Portugueses (judgment of 27 February 2018, case C-64/16). The Court took advantage of this case to emphasise the potential of EU law to consolidate and defend the rule of law structures in the Member States. The Court discovered a justiciable rule...