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A banner reading Konstytucja (Constitution) hangs over the main entrance to the Supreme Court in Warsaw
Photo: Natalie Skrzypczak / DPA
Poland has suffered another setback in the legal battle over the independence of the judiciary against the European Union (EU).
The EU Commission accuses the EU member state of violating the principle of judicial independence.
Evgeni Tanchev, the advocate general at the European Court of Justice (ECJ) who is responsible for the case, now sees this as proven.
The establishment of a disciplinary body at the Polish Supreme Court violates EU law, Tanchev said in his final report. Among other things, the disputed body could classify judicial decisions as a disciplinary offense - a violation of the independence of the judiciary. The rules for the new disciplinary body contained "insufficient guarantees for the protection of judges". They also allowed, among other things, that purely substantive judicial decisions could be classified as disciplinary offenses and punished. The mere possibility to do so is suitable to intimidate judges.
Expert Tanchev also criticized several other provisions - such as the fact that the independence and impartiality of the chamber itself was not guaranteed.
He also pointed out that, according to the relevant regulations, the chairman of the chamber has practically a free hand in choosing the disciplinary court responsible for a case in the first instance.
This also contradicts the principles of the rule of law.
Systematic circumcision of the judiciary
In his report, Tanchev follows the assessments of the EU Commission.
Poland had sued this before the ECJ because of the regulations on the disciplinary body.
It is one of several proceedings between the Commission and the Polish government to reform the judiciary.
In proceedings before the ECJ, a so-called advocate general takes on the task of analyzing the legal situation as a neutral expert.
The court usually follows their assessments, but does not have to do so.
The proceedings before the ECJ have been going on for a long time.
A year ago, the Luxembourg court ordered the disputed disciplinary body to suspend its work until the case was resolved.
There is not yet a date for a judgment.
The EU Commission has been at odds with Warsaw for reforms in the judiciary for years.
Brussels accuses the right-wing government of systematically curtailing the independence of the judiciary and undermining the separation of powers.
However, a series of infringement proceedings, judgments from Luxembourg and an EU criminal case did not fundamentally divert the Polish government from its course.
mrc / AFP