SecondJust a few weeks ago European Court of Justice (ECJ) Poland fines 1 million euros per day until the disputed Disciplinary Chamber is suspended. This is another climax of disputes over the rule of law in Poland. Luxembourg’s next judgment will then be made on Tuesday. The judge of the European Court of Justice ruled that the powers of the Polish Minister of Justice and the Attorney General were excessive. Its power to delegate judges to higher criminal courts violates European law.
The Warsaw District Court had previously appealed to the European Court of Justice and requested an interpretation of Polish regulations. The Warsaw judge complained that the criteria for secondment had not been officially announced. These decisions are also not subject to judicial control. By the way, the Minister of Justice can also terminate the secondment at any time without any reason. There is no predetermined standard for this. The European Court of Justice has now confirmed all these doubts.
The Luxembourg judge once again emphasized the importance of judicial independence. Under no circumstances should seconded judges become a tool of political control. The judges also pointed to the dangers associated with the fact that the Polish Minister of Justice also serves as the Attorney General. Due to the dual role, the minister can exert influence through the prosecutor’s office and the delegation of judges.
Warsaw reacted as usual. The Deputy Minister of Justice of Poland, Sebastian Kaleta, said on Twitter: “Today’s European Court of Justice ruling is another attempt to destabilize the Polish judicial system.” There are also negotiation provisions in many other countries; This is not part of the reforms implemented by PiS, the ruling party of the National Conservative Party, since 2015. In Luxembourg, the Polish government once again argued that the organization of the judiciary is a matter of member states. In fact, this is an area that is not subject to the uniform laws of Europe.From the perspective of I But you cannot leave it at this time. For example, the Luxembourg judge referred to Article 19 of the EU Treaty, which stipulates: “Member States shall establish necessary legal remedies to ensure effective legal protection in the areas covered by EU law.” This legal protection is The premise is an independent judiciary.
In essence, it has long been a matter of the supremacy of European law, not just Poland, the basic requirement of the League of Nations. The final decision battle with Hungary is also coming, especially in the area of asylum law. The European Court of Justice also made a decision on Tuesday.
