How difficult distrust is? Analysis of post-Celmer implementation.

The CJEU ruling in LM case (commonly known as Celmer) regarding
the right to a fair trial in the context of European Arrest Warrant
introduced a two-steps test aimed at verification of threats to judicial
independence of issuing judicial authority. In consequence, CJEU
introduced the national courts as legitimate actors in the ongoing rule
of law debate. The major challenge, however, deals with the fact that
courts will be obliged to verify the independence of other domestic
courts. The paper discusses rulings (Celmer decided by the Irish High
Court and by the Supreme Court; Lis & Ors v Regional Court In
Warsaw; The Circuit Court of Warszawa-Praga v Maciejec), in which
domestic courts applied Celmer test. The analysis covers how the
defendants phrased the relevant arguments; how the court applied
the Celmer test – both on the systemic and individual level; what was
the outcome of the application.