5.1 Introduction

5.1.1 In its interlocutory judgment of 31 July 2020 the Court ruled that there are suchstructural and/or fundamental defects in the legal system of Poland concerning the independence of the judiciary that the Polish legislation no longer guarantees the independence of the Polish judiciary. In view of the nature and size of the observed defects it concerns systemic defects. This judgement of the court concerns the observed systemic defects and, contrary to what the public prosecutor in court and the Advocate General of the Court of Justice in his findings seem to suggest, the court in no way passed a judgement on individual Polish judges and their attitude towards the executive branch in particular.