The judgement passed on 2022-03-29 by the Court of Justice of the European Union (EU) constitutes the EU's formal judicial support for the communist dictatorship legacy in Poland exactly in the time, when Europe should unite against dictatorship and around democratic values. There is absolutely no legal ground today to refuse or even question the right to a court composed democratically. The Court of "Justice" destroys the fundamental unity of values in the EU claiming that:
The mere fact that a judge was appointed at a time when that judge's Member State was not a democratic regime does not affect the independence and impartiality of that judge
https://curia.europa.eu/jcms/jcms/p1_3695571/en/ (2022-03-29).