That said the head of the conservative ruling party PiS, Jaroslaw Kaczynski, on Saturday the Polish news agency PAP. This will also make the subject of the dispute with the EU disappear. Poland established the disciplinary body in 2018; it caused violent controversy with Brussels.
Previously, the President of the Supreme Court in Poland, Malgorzata Manowska, had already released the disciplinary body from some tasks. The chamber should therefore no longer be transferred to new disciplinary proceedings by judges or prosecutors, as PAP reported on Friday.
Disciplinary body violates EU law
The disciplinary chamber set up at the country’s Supreme Court in 2018 was considered to be the heart of the controversial reforms of the Polish judicial system of the national-conservative PiS government. The chamber is responsible for disciplinary proceedings against judges and can also suspend them. The PiS argues to act against corruption and other misconduct as well as against the “legacy of communism” in the judicial system. Critics, including the EU Commission, accuse the government in Warsaw of undermining the independence of the judiciary and the separation of powers.
The European Court of Justice in Luxembourg (ECJ) ruled in mid-July that the disciplinary body violated EU law. The Luxembourg judges criticized the lack of political independence of the disciplinary body. Another problem is that purely substantive court decisions can be classified and punished as disciplinary offenses. This enables “political control of court decisions” and the “exertion of pressure on judges”.
“Do not acknowledge such judgments”
In an interview with the PAP, Kaczynski defended the controversial judicial reform against allegations from the EU and rejected the judgment. “I do not recognize such judgments,” emphasized the deputy prime minister on Saturday. The EU Court of Justice exceeded its competences by interfering in national sovereign rights. He then conceded, however, that the discipline chamber should be dissolved anyway according to the further plans of the Polish Ministry of Justice. That was already discussed before the ECJ ruling, explained Kaczynski.
The EU Commission had given Warsaw until mid-August to explain how the government intends to comply with EU judicial decisions on the disciplinary body. Otherwise Poland could face a fine.
According to Kaczynski, the first proposals for changes to the judicial reform will now be presented in September.
