Mateusz Morawiecki

The European Commission gives Poland two months to resolve a judicial crisis

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The European Commission announced a decision to proceed to the next stage of the legal procedure initiated against Poland in connection with the adoption of legislation, which introduces a new disciplinary practice for judges.

The relevant information is published on the website of the European Commission.

“Polish law allows for judges of primary courts to be subject to disciplinary investigations, procedures, and sanctions based on their own court decisions … The new disciplinary regime does not guarantee the independence and impartiality of the Disciplinary Chamber of the Supreme Court, consisting exclusively of judges selected by the National Council on justice, which, in turn, is appointed by the Polish Parliament (Sejm) … The new regime does not guarantee that such cases will be considered for some time term that allows the permanent presence of judges under the threat of cases that are in production. It also violates the right of judges to defend “, – said in a statement.

From April 3, from the moment of receiving a substantiated formal communication from the European Commission, Poland had 2 months to respond to the arguments cited. A preliminary analysis of the response from the Polish authorities allowed the European Commission to conclude that such an answer does not solve legal problems. Given this, the European Commission decided to proceed to the next stage of the legal procedure.

This means that starting from today, the Polish authorities have two months to take the necessary measures to comply with the arguments presented by the European Commission. If Poland does not do this within the allotted time, the European Commission may refer the case to the EU Court.

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