"The European Commission is complaining to the Court of Justice of the European Union against Poland to protect judges from political control," she told the European Commission.
Unofficial information about the decision emerged yesterday. According to RMF FM, the point went off without a college interview, as determined by RMF FM correspondent Katarzyna Szymańska-Borginon. This is an initiative of current Rule of Law Commissioner Frans Timmermans.
According to RMF FM, the preparatory meeting on Monday raised objections to the cabinet of German Budget Commissioner Gunther Oettinger. It was suggested that this initiative should not be launched before the elections in Poland. In response, it was heard that "the EC does not look for elections in any country".
EC procedure on the disciplinary system of judges in Poland
On 3 April, the European Commission initiated proceedings against Poland for breach of EU law. In her view, the solutions adopted by the Warsaw authorities violate the independence of Polish judges, without providing the necessary guarantees to protect them from political control. In line with CJEU case law, this is a European Union request.
In explaining the EC decision, she noted that Polish law provides for the coverage of joint judicial judges by disciplinary proceedings, as well as the imposition of penalties for "the content of the judgments they have rendered". According to Brussels officials, the new disciplinary system does not ensure the independence and impartiality of the Supreme Court's disciplinary committee that controls decisions made in disciplinary proceedings against judges.
The Disciplinary Council consists only of new judges elected by the National Council of Justice, whose judges are now appointed by the Sejm, the EC reminded.
Brussels also dislikes the fact that there is no guarantee that a "court based on law" will rule in a disciplinary case involving a joint judge at first instance. The new system entitles the president of the Supreme Court's Disciplinary Council to appoint a disciplinary court "ad hoc and with almost unlimited freedom." "The new system does not guarantee that cases will be resolved within a reasonable time, which allows judges to remain in constant danger of pending cases and affects the court's right to a defense," the EC noted.