Status: 07/15/2021 10:45 a.m.
The conflict between the EU and Poland over judicial reforms is entering another round. The ECJ described a newly created disciplinary body for judges as a violation of EU law. The verdict goes to the heart of the Polish reforms.
Poland is violating EU law in a central part of its judicial reforms. The European Court of Justice (ECJ) in Luxembourg ruled that Poland “has violated its obligations under Union law” with the new disciplinary code for judges. Among other things, the newly created disciplinary body “does not offer all guarantees of independence and impartiality”.
For years, the EU has been arguing with Warsaw over the judicial reforms of the right-wing nationalist ruling party Law and Justice (PiS). Among other things, there is a controversial disciplinary body at the Supreme Court, newly created in 2018, which oversees all judges, including those at the Supreme Court. She can lift their immunity to enable prosecution and cut their salaries.
How independent are Poland’s courts?
The EU Commission started infringement proceedings against Poland in October 2019. Among other things, she criticizes the fact that the Chamber is not politically independent (Az. C-791/19). In April 2020, the ECJ issued an urgent ruling that the chamber had to suspend its work until the case was resolved. On Wednesday, the Luxembourg court again issued a temporary injunction to the chamber. Poland must immediately suspend the application of national rules on the competences of the disciplinary body.
In Warsaw, however, the Polish Constitutional Court ruled yesterday that the orders of the European Court of Justice against Poland’s judicial reforms were incompatible with the Polish constitution. Judge Stanislaw Piotrowicz explained that the decisions of the ECJ on the “system, principles and procedures” of the Polish courts are “not in accordance” with the Polish constitution.
A hearing at the Constitutional Court on the question of whether the national constitution takes precedence over EU law is due to continue today in the Polish capital. Prime Minister Mateusz Morawiecki had asked the Constitutional Court for a decision on the issue. The reason was an earlier ECJ ruling. In the meantime, the situation has worsened: In the spring, the Commission sued Poland again for judicial reforms. Should the Warsaw court stick to its previous line, critics of the right-wing nationalist government fear a step towards Polexit – i.e. Poland’s exit from the EU.