23:57 20 July 2021
Post by: WBJ

EC gives Poland an ultimatum regarding CJEU decision

EC gives Poland an ultimatum regarding CJEU decision
Source: Wikimedia Commons

The European Commission ordered Poland to implement the CJEU ruling on the Disciplinary Chamber by August 16. If it fails to do so, the Commission will apply for a financial penalty.

Last Wednesday, the vice-president of the Court of Justice of the European Union issued a decision to apply interim measures obliging Poland to immediately suspend the application of national provisions relating to the powers of the Disciplinary Chamber of the Supreme Court.

On the same day, the Constitutional Tribunal ruled that the EU provisions on the implementation of interim measures of the Court of Justice of the EU concerning the functioning of the judiciary in Poland were unconstitutional. The Tribunal examined the legal question of the Disciplinary Chamber of the Supreme Court, whose powers in disciplinary cases against judges were suspended by the CJEU in April 2020.

In turn, on Thursday, the CJEU ruled that the system of disciplinary liability of judges in Poland is not consistent with EU law, because the Disciplinary Chamber of the Supreme Court does not give "full guarantee of independence and impartiality" and is not protected against the influence of the legislative and executive authorities.



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