19:03 8 April 2020
Post by: WBJ

CJEU suspends activity of Disciplinary Chamber of Polish Supreme Court

CJEU suspends activity of Disciplinary Chamber of Polish Supreme Court
Source: Adobe Stock

The CJEU ruled that the Disciplinary Chamber of the Supreme Court may not conduct disciplinary cases against judges or transfer them to courts that do not meet the criterion of independence under EU law. The decision is in force until the CJEU issues a final judgment regarding the complaint of the European Commission against the Polish government. Judgment in the second half of 2020

The EC lodged a complaint in October 2019, and in January 2020 further concerned about the muzzle law in the Polish parliament, which tightened the system of disciplinary liability. On April 8, 2020, in response to this request from the EC, the Luxembourg Court ruled that Poland shall be obliged, immediately and pending the judgment terminating the proceedings of the chamber.
The authorities of the Polish state must comply with the judgment without undue delay. Polish government as well must notify the European Commission within one month of service of the CJEU's decision on provisional measures of all measures it has taken to fully comply with this provision.

“We will consider various variants of referring to the decision of the Court of Justice of the EU in the scope in which it was issued,” Deputy Minister of Justice Anna Dalkowska told PAP on Wednesday.

She also emphasized that the CJEU in its decision referred only to the functioning of the Disciplinary Chamber of the Supreme Court in the disciplinary proceedings of judges.

(, PAP1, PAP2)

supreme court
disciplinary chamber
ministry of justice
anna dalkowska

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