Enlarge image
Poland's Justice Minister Zbigniew Ziobro wants the independence of the Federal Supreme Court to be reviewed
Photo: Mateusz Marek / EPA
The dispute between Poland and the EU has recently come to a head.
In the conflict over the decision of the European Court of Justice (ECJ) that parts of a judicial reform in Poland violate European law, Warsaw is now concentrating on Germany.
The Polish government wants the nomination of judges at the Federal Court of Justice to be reviewed by the ECJ.
Justice Minister Zbigniew Ziobro said that he would submit a corresponding application to the cabinet.
Proceedings should be initiated against Germany because the politicization of the nomination of judges violates EU treaties.
Focus on the judges' selection committee
Ziobro said that if the ECJ questions the independence of these judges because of the participation of politicians in the selection process for judges in Poland, then Poland would now ask what influence such participation would have on the independence of future judges at the Federal Supreme Court.
He went on to argue that in Germany judges for the Federal Supreme Court are elected by the Judges' Election Committee, which consists entirely of politicians.
The body consists of the 16 ministers of justice of the federal states and 16 other members appointed by the Bundestag.
This means that the body is more politicized than Poland's National Judicial Council, said Ziobro.
This includes 17 judges, six members of parliament and two members sent by the government.
Poland's national-conservative PiS government has been restructuring the judiciary for years.
Critics accuse her of putting judges under pressure.
Because of the reforms, the EU Commission has already opened several infringement proceedings against Warsaw and filed suits with the European Court of Justice.
In July, the ECJ ruled that the disciplinary body set up in 2018 at Poland's Supreme Court did not offer all guarantees of independence and impartiality.
The members of the Disciplinary Chamber are selected by the State Judicial Council.
The European Court of Justice criticized the State Judicial Council as an organ that "has been substantially reorganized by the Polish executive and legislature" and that there are justified doubts about its independence.
Prime Minister Morawiecki warns the EU and emphasizes Poland's loyalty
Poland's Prime Minister Mateusz Morawiecki has warned the EU against a change to a “centrally controlled organism” without democratic control.
This is a "dangerous phenomenon that threatens the future of our Union," wrote Morawiecki on Monday in a letter to the heads of state and government of the other member states and the presidents of the EU institutions.
At the same time he assured that Poland would remain a "loyal member" of the European Union.
His country was "ready for dialogue," wrote Morawiecki.
"In a spirit of mutual respect and respect for our sovereignty, without forcing us to give up our national competencies."
svs / dpa