CJEU issues another judgment that Polish regulations are inconsistent with EU law
22:12
The Court of Justice of the European Union (CJEU) found that the provisions on the delegation of judges currently in force in Poland are inconsistent with EU law.
The current regulations make it possible to delegate judges to higher criminal courts. Due to this delegation, the Minister of Justice, who is also the Public Prosecutor General, may dismiss a judge at any time and without justification. In the opinion of the CJEU, this means that the requirement of judicial independence, which is particularly important in criminal matters, is not met.
"The requirement of judicial independence requires that the provisions on such delegation provide for the necessary guarantees to avoid the risk of using such delegation for political control of the content of judicial decisions, in particular in the area of criminal law," the CJEU said.
The Tribunal also pointed out that due to the fact that Zbigniew Ziobro, the Minister of Justice holds the office of the Public Prosecutor General, he has power in a given criminal case both over the prosecutor and the delegated judges, which may raise justified doubts as to the impartiality of these delegated judges.
