Zach Crawford
(ANSA) – WARSAW, July 14 – The Court of the European Union accepted the reasons of the European Commission, which requested provisional measures of suspension (pending a final ruling), regarding the competences of the disciplinary division of the Supreme Court.
Brussels turned to the EU court in March, because the disciplinary department, whose judges are indirectly appointed by the Warsaw parliament, took arbitrary disciplinary action against Polish judges deemed persona non grata by the government’s majority.
According to the EU Court, the arguments put forward by the European Commission justify the granting of provisional measures. The Polish Constitutional Court responded by rejecting an EU regulation that allows the European Court of Justice to rule on the “regulations, principles and procedures” of Polish courts, stating that this is “inconsistent with the Polish constitution”.
In its appeal to the EU Court, the EU Commission identified a violation of EU law, “since the disciplinary section of the Supreme Court – which does not guarantee its independence – is allowed to adopt decisions that have a direct impact on the judges and their way of working in the exercise of their functions, undermining the independence of seriously eliminated”, and thus the legal system of the European Union as a whole. (handle).
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