Jurist Top EU Court rules against Poland in judicial independence case

[Dadparvar]

The Court of Justice of the European Union (EU) ruled Monday that Poland’s 2019 court reforms violated EU laws on effective judicial protection, judicial independence and the rule of law. The court sided with the EU Commission, which launched infringement proceedings against Poland over the reforms in 2019.

The Court of Justice found that several parts of Poland’s court reform law violated the Charter of Fundamental Rights of the European Union by creating the Disciplinary Chamber of the Supreme Court, which the EU court states:

run the risk that such a body may rule on matters relating to [judges’] status and the performance of their duties, in particular by authorizing criminal proceedings against them or their arrest or by adopting decisions relating to essential aspects of the employment, social security or retirement regimes applicable to them, [which] is liable to affect their independence.

The ruling also cites the power conferred on the Extraordinary Review and Public Affairs Chamber of the Supreme Court as running counter to the EU’s rule of law requirements, claiming the newly endowed body has “monopolistic control” over enforcing EU judicial protection requirements in Poland.

Finally, the court cited violations of regulations surrounding data privacy, as the law requires judges to declare memberships in all political parties and associations.

This is not the first time Poland and the EU Commission have tussled over rule of law issues. The EU Commission referred Poland to the EU Court of Justice in February over a series of rulings by Poland’s Constitutional Tribunal that the Commission claimed violated EU rule of law policies.

Poland’s current ruling party, PIS, has been under fire recently for a new law tackling Russian influence, which critics alleged could allow the government to target and remove opposition leadership officials. Polish President Andrzej Duda has pledged to propose amendments to address these concerns.

Large protests against Duda’s party were held in the Polish Capital recently, with opposition party leader and former Prime Minister Donald Tusk claiming that 500,000 attended a rally. Krzysztof Sobolewski the Secretary General of PIS dismissed the protests as being laced with profanity and unproductive.

A report from Wolne Sądy, an organization dedicated to rule of law issues in Poland, criticized the Polish judiciary’s lack of independence, saying:

The chambers of the Supreme Court that decide on verdicts in business and commercial matters, licenses and permits are the Civil Chamber and the Extraordinary Control and Public Affairs Chamber, which are under full political supervision of the government. Practice shows that it is currently highly unlikely, to win a dispute with the State Treasury or any body or entity associated with the ruling party.

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