While the Polish government has to deal with internal protest movementsin view of the general elections next autumn, the European Union give another slap to Warsaw on the justice reform. The EU Court of Justice in fact rejected it, accepting the appeal of the European Commission according to which the provision represents a threat to theindependence of judges.
On 14 July 2021 the European judge had ordered the suspension of the application of the rules relating in particular to the competences of the disciplinary chamber of the Supreme Court. In October 2021 the Court imposed a fine of one million euros per day for not having suspended the disciplinary chamber, fine halved last April after partial compliance by Warsaw. today, however, Bruxelles rejects again the latest version of the text, considered in violation of the independence of the judiciary according to European standards on Rule of law. “The value of the rule of law is part of the very identity of the Union as a common legal order and takes the form of principles which entail legally binding obligations for the Member States”, reads a note released by the Court. The EU countries are therefore “obligated to ensure that any regressionin terms of the value of the rule of law, of their legislation on the organization of justice, refraining from adopting norms that could jeopardize the independence of judges”.
The Court, with the sentence, confirms that the control of the respect, by a Member State, of values and principles such as the rule of law, effective judicial protection and the independence of justice fall fully within its competence. The note specifies that the Court effectively rejects the disciplinary section of the Polish Supreme Court because “it does not satisfy the necessary requirement of independence e you impartiality“. Then he stigmatizes the “relatively broad and imprecise nature of the provisions of the amending law denounced by the Commission” which can prejudice the work of the judges. Finally, “national provisions which require judges to present a written declaration indicating whether they belong to an associationto one non-profit foundation oh one party and which provide for the online publication of such information violate the fundamental rights of these judges to the protection of personal data and respect for private life”.
Another hard blow for the executive led by the premier Mateusz Morawiecki of the party Law and Justice (Pis) in Jaroslaw Kaczynski. In fact, just Sunday 500 thousand people took to the streets in Warsaw against the high cost of living“the lies of power and the corruption“, asking for a major democracy, tolerance and recognition of social rights. The historic leader of Solidarnosc was also pushing the crowd, Lech Walesabeyond Donald TuskPrime Minister of Poland between 2007 and 2014 and former President of the European Council between 2014 and 2019, who has now become the leader of the largest opposition party.