17 sierpnia 2021

Politico: ‚Poland promises to dissolve judicial disciplinary mechanism under EU pressure’


Udostępnij

‚Poland said it will comply with an order from the EU’s top court and dismantle a judges’ disciplinary chamber that’s come under fire for undermining the independence of the judicial system, the government said in a press release Tuesday. The Court of Justice of the EU ruled last month that Warsaw has to suspend the Disciplinary Chamber […]


‚Poland said it will comply with an order from the EU’s top court and dismantle a judges’ disciplinary chamber that’s come under fire for undermining the independence of the judicial system, the government said in a press release Tuesday.

The Court of Justice of the EU ruled last month that Warsaw has to suspend the Disciplinary Chamber of the Supreme Court by August 16. The EU court found the Polish chamber lacks guarantees of “independence and impartiality.” The European Commission warned that Poland would face financial penalties if it didn’t comply with the ruling.

The Polish government sent its response to Brussels on Monday, saying it will dissolve the chamber in its current form “as part of a further reform of the justice system, which will begin in the coming months.”’

‚But Warsaw’s response also included a lot of caveats that are unlikely to defuse the long-running battle with the EU over rule of law in Poland.

In its answer, the government asked the CJEU to waive its July order. It also stresses that Poland’s constitution is “the highest law,” citing rules in other EU countries and a ruling by Poland’s Constitutional Tribunal — a body that is widely seen as being under the political control of the ruling Law and Justice (PiS) party. That contention of the primacy of Polish law over EU law is a big problem for the European Commission.

The European Commission on Tuesday said it is analyzing Poland’s response, while declining to give a timeline on how long the assessment would take.

The top judge on Poland’s Supreme Court partially froze the Disciplinary Chamber earlier this month, but the body is still due to hear cases in the next weeks despite the CJEU’s order.

Poland has come under growing pressure from the EU to retreat. In recent weeks, top politicians signaled they would overhaul the functioning of the chamber.’

The text comes from the Politico website

Full article: Politico: ‚Poland promises to dissolve judicial disciplinary mechanism under EU pressure’