Wednesday, March 31, 2021

EU Commission Sues Poland Over Judicial Reforms. There Is No Legal Justification For The Suit


 The EC's request to the CJEU has no legal and factual justification; Polish regulations do not deviate from EU standards - this is how the government spokesman Piotr Müller referred to the European Commission's application to the CJEU regarding the Disciplinary Chamber of the Supreme Court.

"The regulation of the area related to the administration of justice belongs to the exclusive national domain, which results directly from the Constitution of the Republic of Poland and the EU treaties. Polish regulations do not differ from the standards binding in the EU" - wrote the government spokesman.

In the opinion of the European Commission, "Polish law on the judiciary undermines the independence of Polish judges and is inconsistent with the primacy of EU law". Moreover, the European Commission accused Poland of violating EU law by "allowing the Disciplinary Chamber of the Supreme Court, whose independence is not guaranteed, to make decisions that directly affect judges and the way they perform their functions". 

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