Monday, June 5, 2023

European Court Of Justice Says Polands Controversial Justice Reform Infringes EU Law

European Court of Justice

The European Court of Justice (ECJ) on Monday ruled that the Polish justice reform establishing the controversial disciplinary chamber of the Supreme Court violates EU law, upholding the decision of the European Commission as regards Poland's legislation.

"Following the adoption, by Poland, on 20 December 2019, of a law amending the national rules relating to the organisation of the ordinary courts, the administrative courts and the Supreme Court ('the amending law'), the European Commission brought an action for failure to fulfil obligations, asking the Court of Justice to declare that the regime put in place by that law infringes various provisions of EU law ... By today's judgment, the Court upholds the Commission's action," the ECJ said in a press release.

The court also stated that member states must comply with the obligations arising from EU law when organizing their system of justice. Concerning the rule of law, EU countries are thus required to ensure that "any regression of their laws on the organization of justice" is prevented, the ECJ added.

Polish Minister for the European Union Szymon Szynkowski vel Sek said that the court's ruling was not based on the current situation since Poland had already dissolved the disciplinary chamber.

"The EU court has adopted an expected ruling today. The ruling refers, to a large extend, to a not relevant state of the law. The disciplinary chamber has already been dissolved, but the EU law is designed in a manner that the court does not asses the state of the law based on the already adopted amendments," the official told reporters.

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