The head of Poland’s Supreme Court has suspended the controversial disciplinary chamber in response to a European Commission demand to improve the body’s independence.
The Polish Court’s Disciplinary Chamber, set up in 2017, can sanction judges, but its independence and impartiality are in dispute. The Disciplinary Chamber is made up of judges chosen by the National Council of the Judiciary, which in turn is elected by Parliament. The ruling Law and Justice party dominates parliament.
Malgorzata Manowska, Poland’s highest judge, has decided not to accept any new cases for the time being. For cases already pending, judges are required to suspend treatment. The regulation will apply until the legal dispute between Warsaw and Brussels is resolved, with a deadline of 15 November.
New judges have been appointed to the various courts and lower courts who support the ruling PiS. Critical judge Igor Tulia is You are no longer safe from criminal prosecutionThe disciplinary chamber decided.
Collision with Brussels
The European Court of Justice ruled last year that the Disciplinary Chamber should be suspended, but the matter has not stopped yet. No answer give to. So Brussels has Poland a warning given: If improvements are not made to the disciplinary chamber by August 16, the European Commission will attempt to fine the state through European courts.
It is not clear whether the temporary suspension of the activities of the Disciplinary Chamber will provide Poland with an adequate response to Brussels. Polish lawyer Marcin Mack Tweets The regulation only delays, but does not provide basic solutions.
Incidentally, the President of the Supreme Court Manowska, appointed by the head of the Polish Law and Justice party Duda, says he is “strongly convinced” that the disciplinary chamber is sufficiently independent.
In addition to the disciplinary chamber issue, there is a Another bigger fight between Poland and the European Union. The Polish Constitutional Court will decide at the end of this month whether Polish law takes precedence over European law in Poland. This would undermine the basic legal principles of the European Union. It is agreed in European treaties that judgments of the European Court of Luxembourg are binding. Hence, it takes precedence over decisions of national courts.
In eleven minutes NOSop3 explains what the conflict between Poland and the European Union is all about:
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