“Poland has failed to fulfill its obligations under the EU treaties,” announced the Court of Justice of the European Union (CJEU) on Monday. Thus, he found that Poland, by introducing the reform of the justice system in 2019, violated EU law. Together with this ruling, the calculation of daily fines imposed on Poland for failure to comply with the decision ordering the suspension of the provisions on the disciplinary system of judges was suspended. Ultimately, the total amount of fines amounted to EUR 556 million, i.e. almost PLN 2.5 billion. This is the highest fine ever imposed in the history of the European Union. This money is deducted from EU funds for Poland.
The CJEU announced the verdict. It’s about the judiciary in Poland
“The powers to adjudicate on cases that directly affect the status of judges and the performance of their office, this law undermines their independence. Moreover, in the opinion of the Commission, the amending law prohibits all national courts from examining the fulfillment of the requirements under EU law regarding the guarantee of an independent and impartial court previously established by law, and such an examination was considered a disciplinary offence” – reads the judgment on the Disciplinary Chamber of the Supreme Court and the so-called of the muzzle act.
According to Monday’s verdict, the Extraordinary Control Chamber does not meet the EU requirements for independence. The CJEU also stated that it is unlawful to penalize judges for examining the independence requirements of other courts. According to the Court, provisions requiring judges to submit a written declaration indicating their membership in an association, activity in a non-commercial foundation or membership in a political party and providing for the provision of this information in electronic form “infringe the fundamental rights of judges to the protection of personal data and to respect for life private.”
The European Commission lodged a complaint with the CJEU
filed a complaint against Poland with the CJEU in April 2021. At that time, it assessed that the amendment to the law on the system of common courts, the law on the Supreme Court and some other laws violated EU law. “Poland violates EU law by allowing the Disciplinary Chamber of the Supreme Court – whose independence is not guaranteed – to make decisions,” the Commission claimed. The complaint concerned the act that entered into force in February 2020 – the so-called of the muzzle act. The votes of PiS introduced changes in various areas of the judiciary – among them a provision on the disciplinary responsibility of judges – for questions about e.g. legality of the National Court Register, they could be punished with waiver of immunity or suspension from official duties.
Source: Gazeta
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