Poland. Constitutional Court rejects EU ruling "not in line with the Warsaw constitution"

2021-07-14T16:22:29.600Z

"Poland must immediately suspend the application of national provisions relating in particular to the powers of the disciplinary section of the Supreme Court". This is what the EU Court of Justice decided when it ruled on the European Commission's appeal against the Warsaw reform which amends the law on the organization of ordinary courts, the law on the Supreme Court and some other laws. "The arguments of fact and of law put forward by the Commission justify the granting of the provisional measures requested", reiterated the judges of the EU Court. Considering that the existing national provisions violate EU law, the Commission - on 1 April last - brought an action for failure to fulfill obligations before the Court of Justice. In particular,according to the Commission, the amending law prohibits any national judge from verifying compliance with the Union's requirements for an independent and impartial tribunal established in advance. Furthermore, both provisions establishing the exclusive jurisdiction of Izba Kontroli Nadzwyczajnej i Spraw Publicznych (extraordinary control chamber and public affairs) would be contrary to the EU's right to examine complaints and legal issues relating to the lack of independence of a judge. With today's order, the vice-president of the EU Court, Rosario Silva de Lapuerta, accepts all the requests of the Commission up to the delivery of the final judgment.Firstly, he stresses that it cannot, at first sight, be ruled out that the disputed Polish legislation by the Commission inwithin the scope of the appeal substantially violates the requirements deriving from Union law. Consequently, the arguments put forward by the Commission appear, at first sight, not without serious foundation.