Poland should instantly droop a panel created to self-discipline judges, the European Union’s high court docket dominated on Wednesday, citing lack of independency and breach of EU legislation.
The European Court’s of Justice (ECJ) ruling reads that the creation of the disciplinary chamber inside the supreme court docket “does not guarantee the principles of independence and impartiality” of the nation’s high court docket.
ECJ’s order is predicated on the truth that the judges of the disciplinary chamber are chosen by the National Council of the Judiciary, that are in flip elected by the decrease chamber of the Polish Parliament.
“As a result, the Court grants the Commission’s application for interim measures,” the order says.
Earlier in January, the Commission requested the ECJ to order Poland to briefly droop the functioning of the disciplinary chamber, and to chorus from referring the circumstances pending earlier than it, while ready for ECJ’s ultimate judgement on the matter.
On Wednesday, Věra Jourová, Commissioner for Values and Transparency tweeted ECJ’s choice on Poland, saying that “independent judges are key for democracy and rule of law.”
I welcome the choice of the European Court of Justice on our considerations concerning the disciplinary chamber. Independent judges are key for democracy and rule of legislation. #ECJ #RuleOfLaw https://t.co/9EfFgJS7g2
— Věra Jourová (@VeraJourova) April 8, 2020
Since it got here into energy in 2015, Poland’s ruling Law and Justice celebration (PiS) has introduced controversial judicial reforms that led to the EU Commission triggering in 2017 the Article 7 of the EU Treaty, which might result in deprivation of voting rights, saying that PiS posed “a clear risk of a serious breach of the rule of law in Poland.”
Thereafter Warsaw has repeatedly clashed with Brussels, as a consequence of contradictions between Polish and EU legislation and the Union’s efforts to make Poland align with its founding values.