EBJ adviser says Polish move to discipline judges violates EU law News Courts

The disciplinary regime introduced by Warsaw violates judicial independence, an adviser to the highest states in the EU court.

The European Union High Court should rule that the measures imposed by the Polish law and justice (PiS) party to discipline judges run counter to block laws, a court adviser said ahead of the final ruling in the coming months.

In an opinion on Thursday, attorney general Evgeni Tanchev recommended that the European Court of Justice (ECJ) decide that the Disciplinary Chamber of the Supreme Court does not comply with EU law.

The development was the latest in a conflict between the 27-member bloc and the conservative populist party, which has reshaped the Polish justice system since it came to power in 2015 to give the authorities new powers over the courts.

PiS has defended its movements, saying it wants to reform an efficient and corrupt justice system. Critics, however, see it as an excuse for the party to take control of the country’s courts.

In 2017, he set up a body in the Polish Supreme Court – the Disciplinary Chamber – for judges, as well as lower courts, with the power to discipline.

Many judges in the country fear that the chamber of judges will be a tool to put pressure on the authorities to issue rulings that benefit the authorities.

While PiS has taken control of the highest courts, many judges in the lower courts continue to show independence, while some give rulings against government officials or interests.

Tanchev said the broad definition of disciplinary offenses in Poland has had a “cooling effect” on judges, undermining their protections and independence.

These legal opinions are not legally binding, but are often followed by the ECJ. EU Supreme Court judges have begun debating the case and a trial is expected this year.

“Destruction of the Polish rule of law”

The European Commission, which ensures that member states respect EU law, has lodged a complaint with the ECJ over the case. In his view the independence and impartiality of the Chamber of Discipline cannot be guaranteed.

The ECJ in Luxembourg has already ordered the abolition of the Disciplinary Chamber to decide definitively whether it provides sufficient guarantees for judicial independence. However, the chamber has continued to work despite the verdict.

The Chamber is made up of judges elected by the National Council of the Judiciary, the body that elects the parliament, the PiS, which has a majority.

The news of Tanchev’s opinion reached Warsaw when lawyers and others gathered outside the Supreme Court while the Disciplinary Chamber was hearing the case of a judge.

Michal Wawrykiewicz, a lawyer for Free Courts, a group fighting for judicial independence, delivered a message in English to television cameras.

“Dear Judges of the European Court of Justice, listen to the citizens of Polish lawyers who are terrified of the destruction of the rule of law in Poland,” Wawrykiewicz said.

“We’re doing everything in our power,” he said. “Please help restore European standards of independent Polish justice. Now it’s your turn.”

Polish Deputy Justice Minister Sebastian Kaleta, meanwhile, has accused the EU of “double standards” and Tanchev’s attempt to spread “lies” in Warsaw in an attempt to block a review of his judiciary.