The verdict of the Court of Justice of the European Union (CJEU) is a very clear signal that the changes introduced by PiS politicians are incompatible with the EU treaties, assessed MP Kamila Gasiuk-Pihowicz.
The EU Court of Justice ruled on Tuesday that the Supreme Court was to investigate the independence of the new Supreme Disciplinary Chamber to determine whether it could hear disputes regarding the retirement of Supreme Court judges. The Court emphasized in a judgment that it cannot be the case that disputes regarding the application of EU law may fall under the exclusive competence of a court (authority) which is not considered independent and impartial. Members of the Disciplinary Chamber are appointed by the National Council of the Judiciary.
Commenting on the CJEU judgment, the MP said that it shows that the changes introduced in the Polish judiciary by PiS politicians are incompatible with EU treaties. At the same time, Gasiuk-Pihowicz noticed that if the Supreme Court finds that the National Court Register was established in breach of EU law, then “every judge selected by the National Court Register will be elected with a legal defect, and consequently each his sentence also will be issued with a legal defect.”