Wednesday, October 6, 2021

PM: CJEU judgment strikes at the stability of Polish social and legal system


The EU Court, responding to the questions referred for a preliminary ruling by the Supreme Court, ruled on Wednesday that the transfer of a judge without his consent to another court or between two divisions of the same court may violate the principles of irremovability and independence of judges. 

The decision of the CJEU may lead to the conclusion that the judge of the Extraordinary Control and Public Affairs Chamber of Supreme Court, Aleksander Stępkowski, was appointed in a gross violation of the basic rules and procedures of the Supreme Court, which are an integral part of the Polish judiciary system. 

Prime Minister Morawiecki referred to this ruling on Wednesday during a press conference.

"If the European Court of Justice issues a judgment, as a result of which hundreds of thousands of judgments issued by judges appointed in recent years can be challenged it is necessary to consider what such a judgment leads to," - said the head of the government.

"It would hypothetically lead to a chaos, because in hundreds of thousands of court decisions, Polish citizens could not be sure as to the application of the law. Poland is a state of law based on a constitution. Attempting to hit at the very heart of the stability of the social and legal system, is an attempt to far-reaching destabilization of this system. We cannot allow that, of course,” - said the PM.