The Luxembourg judges entered on Thursday with very fundamental remarks. In doing so, they also referred to legal norms, but above all to values. "First of all, it should be pointed out that the Union consists of states that have voluntarily and voluntarily adopted the values mentioned in Art. 2 TEU, respect them and are committed to promoting them". Article 2 of the Treaty on European Union states in particular that “the Union is based on values such as the rule of law”, according to the judgment with which the European Court of Justice (ECJ) declared essential elements of the Polish judicial reform to be contrary to European law. Member States are not allowed to change their legislation in such a way “that the protection of the value of the rule of law is diminished, a value that is specifically defined by Art.19 TEU is specified. ”You would therefore have to ensure judicial independence.
Marlene Grunert
Editor in politics.
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Thomas Gutschker
Political correspondent for the European Union, NATO and the Benelux countries based in Brussels.
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Reinhard Veser
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With the verdict, which was long awaited, the conflict between Brussels and Warsaw has reached a new high point.
The Commission had sued Poland because of the new disciplinary rules for judges of the Supreme Court and the ECJ was now right on all points.
The Luxembourg judges condemned, for example, that the content of court decisions can be classified as a disciplinary offense;
this opens up opportunities for political control and pressure.
General doubts about Poland's judiciary
They also condemned the fact that Polish judges are suspended disciplinary proceedings if they turn to the ECJ with questions for a preliminary ruling - that is, they exercise a right, possibly even an obligation, in the sense of uniform interpretation and the full application of European law. At many points in the judgment, the judges make it clear that they doubt the rule of law of the individual aspects, especially in view of the “more general context of major reforms of the judicial organization”.
Poland always argues that the organization of the judiciary is a matter for the Member States. In fact, this is an area that is not subject to harmonized European law. From the point of view of the EU, however, this cannot be left at this point. Correspondingly, the judgment of Thursday also states that the member states “in exercising this competence” would have to comply with the obligations arising from Union law. This includes ensuring the independence of the judiciary, which is part of the "essence of the right to effective legal protection and the fundamental right to a fair trial".
In particular, the ECJ dealt with the Polish disciplinary body, which the Luxembourg judges deny the required independence and impartiality. It was created in 2018 when the Polish government decided to lower the retirement age for members of the Supreme Court. The judges who wanted to defend themselves against it were referred to the new chamber. Its members are proposed by the State Judicial Council, a body that is itself under the influence of the legislative and executive branches and on which only government-friendly judges sit. The final decision on the composition of the disciplinary body is made by the Polish President.