The European Commission intends to seek through the courts to overturn scandalous Polish legislation that undermines the rule of law
“The Polish law on the judiciary undermines the independence of Polish judges and is incompatible with the rule of EU law”, – the EC said in a statement.
It stresses that in the current situation, Polish courts simply cannot apply certain provisions of EU law that protect judicial independence.
The EU has previously repeatedly criticised the radical judicial reform in Poland. Warsaw, for its part, has demanded not to interfere in the country’s internal affairs.
Last year, the EU supreme court ordered Poland to “immediately suspend” the scandalous legislation. But the effectiveness of this ruling was later questioned by the European Commission.
The Disciplinary Chamber of the Polish Supreme Court continued to rule despite the legal uncertainty. It handed down sentences stripping judges who had publicly opposed the government’s judicial reforms of their immunity.
On Wednesday, 31 March, the EC said Poland was “violating EU law” by allowing this chamber to make decisions that directly affect the work of judges, given the lack of guarantees of impartiality.
“These issues include cases involving the lifting of judges’ immunity in order to initiate criminal proceedings against them or detention followed by suspension and reduction of their salaries”, – the commission said. – “This seriously undermines the independence of the judiciary and the obligation to provide effective legal protection and thus the EU legal order as a whole.”