The supreme judicial body of the European Union – the Court of Justice of the EU – obliged Poland to immediately terminate the powers of the disciplinary chamber of the Supreme Court of the country.
The court of the European Union adopted the relevant decision on Wednesday, April 8, on the basis of an appeal from the European Union executive body – the European Commission. He demanded to suspend the work of the disciplinary chamber. According to European judges, this body, created as a result of Polish judicial reform, is not independent and thus violates European law.
“Member states must ensure that the disciplinary regime applicable to judges of national courts … complies with the principles of the independence of the judiciary. Accordingly, the Court satisfies the Commission’s claim for the introduction of provisional measures, ”the court decision said.
Polish Deputy Minister of Justice Sebastian Caleta called the decision of the EU court “an act of usurpation, which violates the sovereignty” of the country.
“The EU Court does not have the power to make decisions regarding the constitutional national authorities of the member states or to suspend their work,” he said.
Recall, the disciplinary chamber of the Supreme Court of Poland was established in 2017 as part of the judicial reform of the country to consider complaints from judges. On December 20 of the same year, the lower house of the Polish parliament adopted amendments to judicial reform, which provide for the possibility of removal of judges from office if they resort to “political action”. In particular, if a judge doubts the lawfulness of the appointment of judges nominated by the National Council of Justice, he may be fined or even dismissed.