https://sputnikglobe.com/20230605/european-court-of-justice-says-polands-controversial-justice-reform-infringes-eu-law-1110930966.html
European Court of Justice Says Poland's Controversial Justice Reform Infringes EU Law
European Court of Justice Says Poland's Controversial Justice Reform Infringes EU Law
Sputnik International
The European Court of Justice (ECJ) on Monday ruled that the Polish justice reform establishing the controversial disciplinary chamber of the Supreme Court violates EU law, upholding the decision of the European Commission as regards Poland's legislation.
2023-06-05T17:18+0000
2023-06-05T17:18+0000
2023-06-05T17:41+0000
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"Following the adoption, by Poland, on 20 December 2019, of a law amending the national rules relating to the organisation of the ordinary courts, the administrative courts and the Supreme Court (‘the amending law’), the European Commission brought an action for failure to fulfil obligations, asking the Court of Justice to declare that the regime put in place by that law infringes various provisions of EU law ... By today’s judgment, the Court upholds the Commission’s action," the ECJ said in a press release. The court also stated that member states must comply with the obligations arising from EU law when organizing their system of justice. Concerning the rule of law, EU countries are thus required to ensure that "any regression of their laws on the organization of justice" is prevented, the ECJ added. Polish Minister for the European Union Szymon Szynkowski vel Sek said that the court's ruling was not based on the current situation since Poland had already dissolved the disciplinary chamber.Polish Prosecutor General Zbigniew Ziobro criticized the ruling, saying that it had been "written by politicians rather than judges" since it showed "a blatant violation of EU treaties" and ECJ's "encroachment on the competence it does not possess."The ECJ has repeatedly stated that the activities of the chamber, which can decide on the professional activities of judges, threaten their independence and impartiality.
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european court of justice (ecj), poland, eu law, polish justice reform, european commission
european court of justice (ecj), poland, eu law, polish justice reform, european commission
European Court of Justice Says Poland's Controversial Justice Reform Infringes EU Law
17:18 GMT 05.06.2023 (Updated: 17:41 GMT 05.06.2023) MOSCOW (Sputnik) - The European Court of Justice (ECJ) on Monday ruled that the Polish justice reform establishing the controversial disciplinary chamber of the Supreme Court violates EU law, upholding the decision of the European Commission as regards Poland's legislation.
"Following the adoption, by Poland, on 20 December 2019, of a law amending the national rules relating to the organisation of the ordinary courts, the administrative courts and the Supreme Court (‘the amending law’), the European Commission brought an action for failure to fulfil obligations, asking the Court of Justice to declare that the regime put in place by that law infringes various provisions of EU law ... By today’s judgment, the Court upholds the Commission’s action," the ECJ said in a press release.
The court also stated that member states must comply with the obligations arising from EU law when organizing their system of justice. Concerning the rule of law, EU countries are thus
required to ensure that "any regression of their laws on the organization of justice" is prevented, the ECJ added.
Polish Minister for the European Union Szymon Szynkowski vel Sek said that the court's ruling was not based on the current situation since Poland had already dissolved the disciplinary chamber.
"The EU court has adopted an expected ruling today. The ruling refers, to a large extend, to a not relevant state of the law. The disciplinary chamber has already been dissolved, but the EU law is designed in a manner that the court does not asses the state of the law based on the already adopted amendments," the official told reporters.
Polish Prosecutor General Zbigniew Ziobro criticized the ruling, saying that it had been "written by politicians rather than judges" since it showed "a blatant violation of EU treaties" and ECJ's "encroachment on the competence it does not possess."
In October 2021, the ECJ ordered Poland to pay 1 million euros ($1.07 million) a day to the European Commission as a fine for failing to comply with an earlier court ruling to abolish the judicial disciplinary chamber. In the summer of 2022, Poland established the chamber of judicial responsibility to replace the disciplinary chamber. On April 20, the daily fine was reduced to 500,000 euros.
The ECJ has repeatedly stated that the activities of the chamber, which can decide on the professional activities of judges, threaten their independence and impartiality.
