The European Commission has once again brought a case against Poland before the European Court of Justice. The reason is concerns about reforms of the Polish legal system. According to Commissioner of Justice Didier Reynders, this undermines the independence of the Polish judiciary.
The committee asked the court to immediately compel Poland to suspend some reforms, even before a ruling in this case was issued.
Brussels and Poland have been on a collision course for years due to interventions by the ruling party Law and Justice (PiS). Since taking power in 2015, the Law and Justice Party has rapidly enacted new laws that significantly increase political influence over the judiciary. According to the Law and Justice Party, this was necessary to cleanse the judicial elite system of the “communist past”.
The committee wants the court to review two reforms. The first is a law that prohibits judges from criticizing the judgment or legality of a judge or other legal body. The so-called “disciplinary law” came into effect in February 2020 and is used primarily against judges who criticize law and justice reforms.
In addition, the European Commission wants the court to take another look at the “Disciplinary Chamber” of the Polish Supreme Court, which created the Law and Justice Act in 2018. The European Court actually ruled in April of last year that the independence of judges in that circuit could not be guaranteed and ordered Poland By issuing a judgment through the disciplinary circuit. Immediately stop. So far none of this has come. For example, the Disciplinary Chamber recently enjoyed the immunity of critical judge Igor Tulia Lifted.
It has since been worn by Polish government spokesman Piotr Muller Twitter She responded to the European Commission’s move. He says Brussels should stay out of it and that the reforms fully comply with Polish and European legislation, ignoring the court ruling on the disciplinary room.