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The EU claims that the Judicial Discipline Council threatens the independence of the country’s judiciary.
2017 The Chamber of Judicial Sanctions, whose members are appointed by the country’s government, is one of many legal reforms announced by the right-wing Polish Party for Justice and Justice (PiS).
“The Judicial Disciplinary Board of the Supreme Court continues to restrict Polish judges and threaten their independence,” said Didier Reynders, EU Justice Commissioner, in a statement.
“I am determined to take strong measures to ensure that all EU courts operate with full independence, as required by EU law,” he said.
The EC gave Poland a month to “take the necessary steps to comply with EU law” and warned that it could lead Poland back to the European Court of Justice.
“Today’s decision is a big step that I’m sure will pay off,” Reynders said.
The EU decision is part of an infringement procedure against Poland that began in April.
“The EC considers that Poland is violating the principles of EU law by allowing the Judicial Disciplinary Board to make decisions that directly affect judges and their work,” the statement said on Wednesday.
“The mere fact that judges have to confront an institution whose independence is not guaranteed has negative consequences for judges and may undermine their own independence,” the document adds.
The activities of the Disciplinary Council are already the subject of controversy, as the ECJ in April ordered Poland to suspend its work pending a final decision on issues related to its impartiality.
According to PiS, reforms of the legal system are necessary to curb corruption in the judiciary, which is still overshadowed by communism, but critics in Poland and abroad claim such initiatives endanger the rule of law.
In 2017, the European Union launched an unprecedented procedure with regard to Warsaw as a result of these reforms, after which the country may lose its voice in the EU institutions.
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