Polish justice reform violates EU law, says EU Court of Justice

2023-06-05T15:58:31.204Z

Highlights: The Court of Justice of the European Union has ruled in favour of a Polish law change. The law change means that judges will no longer have to declare their membership of a political party. The decision was made by the European Court of Human Rights (ECHR), not by the Polish Court of Appeal. The ECHR ruled that the law change was contrary to the European Convention on Human Rights, which protects the right to freedom of expression and assembly. The European Parliament is expected to vote on the matter in the next few days.

The Court of Justice of the EU has ruled in favour of the European Commission on the reform of the Polish judiciary: the law on the judiciary that entered into force in February 2020...

Polish justice reform violates EU law, says EU Court of Justice

The Court of Justice of the EU has ruled in favour of the European Commission on the reform of the Polish judiciary: the law on the judiciary that has been in force since February 2020 is contrary to European law.

Polish President Andrzej Duda (right) speaks to European Commission President Ursula von der Leyen after a joint press conference with Polish Prime Minister Mateusz Morawiecki (left), in Konstancin-Jeziorna, June 2, 2022. © Michal Dyjuk / AP

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This is the end of a long standoff between the European Union and Poland: the independence of judges is a fundamental value of the European Union, says the Court of Justice of the European Union (CJEU), reports our correspondent in Brussels, Pierre Benazet.

According to the body, the disciplinary chamber of the Polish Supreme Court threatens the independence of judges, as it can authorize criminal proceedings against them or their arrest. And also because it can adopt essential decisions on their labour law, social security or retirement regimes. With the new disciplinary regime for judges, Polish laws that have reformed the Supreme Court and administrative or ordinary courts are incompatible with EU law that guarantees access to an independent and impartial tribunal.

Similarly, the Court of Justice of the EU rejects the obligation for Polish judges to declare their membership of a party, association or foundation. Above all, the Court torpedoed the opinion of the Polish Constitutional Court, which had found EU law inferior to Polish law. Poland now has an obligation to adapt its laws to rebuild an independent judiciary.

Polish Justice Minister Zbigniew Ziobro on Monday denounced the decision of the European Court of Justice, which he considered a "corrupt court". The decision "was not written by judges but by politicians" in "violation of the treaties," Zbigniew Ziobro, a representative of an openly anti-European party, was quoted as saying by the PAP news agency.

>> READ ALSO: Rule of law in the EU: Hungary and Poland singled out, France monitored

Polish justice reform violates EU law, says EU Court of Justice

Polish justice reform violates EU law, says EU Court of Justice

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