This article looks at the implications of the "rule of law" in judicial appointments, with a particular focus on the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECHR). Using a strategy of making incremental changes and "passing the ball" to each other, both institutions have allowed the legitimacy, independence and impartiality of Polish judges appointed after 2017 to be called into question. This has led to serious repercussions for the certainty of legal transactions and the independence of the judges themselves. The article examines the interpretation of the "illegality" of certain judicial appointments in Poland. It underscores the intricate legal network that allowed such solutions, potentially affecting the foundations of the rule of law.