The controversial reform of the judiciary has resulted in another EU infringement procedure for Poland. This was announced by the EU Commission in Brussels. The EU sees the independent jurisdiction in the member state at risk.
Judge under „political control“
In July 2017, the Polish parliament passed the new judicial system despite fierce protests in its own country and from other EU states. The new EU case refers to the fact that judges in Poland may face investigations and sentences for their sentences. In addition, the European Commission criticizes the fact that the disciplinary chamber of the Supreme Court in Poland does not independently decide. The panel is responsible for ordering any penalties against judges.
In Poland, judges „systematically subjected to political control,“ said the vice-president of the European Commission Frans Timmermans the proceedings. Poland now has two months to respond to the allegations of the EU.
Filed a lawsuit with the ECJ
Since the end of 2016, the EU has been opposing the reform of the judiciary of the national-conservative government under President Andrzej Duda: with reminders and finally with several infringement proceedings. These are aimed, for example, at reducing the retirement of judges. Thus, the Polish government is trying to fill the ranks in the courts faster with government-loyal judges, so the fear of the EU.
Last August, the EU Commission filed a lawsuit against Poland with the European Court of Justice (ECJ) for compulsory retirement. The inviolability of the judges would be violated.
If the claim is upheld and Poland does not appeal, Poland faces high fines. EU procedures could also result in Poland losing its voting rights at EU level.
