WARSAW – The European Court of Justice has ruled that the new disciplinary rules established for judges of the Supreme Court and common law courts in Poland do not respect the rules of EU law. Yesterday, the Luxembourg robots had accepted the European Commission’s request for interim measures, again on the same dossier, to provisionally suspend the measures of the disciplinary section of the Supreme Court.
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A statement from the Luxembourg-based court reads: “Given the general context of the major reforms that have recently affected the Polish judiciary, with the creation of the disciplinary chamber of the Supreme Court, and due to a combination of elements, this new chamber does not it offers all the guarantees of impartiality and independence and, in particular, it is not immune from direct or indirect influences of the Polish legislative and executive powers “.
In particular, the Court notes “the fact that the process of appointing the judges of the Supreme Court, including those of the members of the disciplinary chamber, is essentially determined by a body (National Council for the Judiciary) which has been significantly revised by the executive and and the independence of which may give rise to legitimate doubts “.
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The Court’s decision still puts a strain on relations between Brussels and Warsaw. It was the latest development in a six-year dispute and the second major ruling in a week, in the wake of the one issued by the Polish Constitutional Court which stated that the temporary injunctions issued by the EU Court regarding the national judiciary and the constitution are not binding. In recent years, Warsaw has increasingly denounced the EU’s action against its decisions on the judiciary, calling them politically motivated.
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