How much power of a Justice Minister can the independence of the judiciary take?
The European Court of Justice is now saying: Not as much as in Poland.
The question now is how the government in Warsaw will react.
Luxembourg - The European Court of Justice (ECJ) has once again declared a regulation in the current Polish judicial system to be inadmissible.
The judges ruled that it was against EU law that the Minister of Justice, who is also the prosecutor general, could assign judges to higher-level criminal courts and terminate such a secondment at any time.
According to the ECJ, the rule means that the seconded judges do not have the guarantees and independence that a judge in a constitutional state should normally have for the duration of the secondment.
According to the judgment, it cannot therefore be ruled out that the regulation will be used as an instrument for political control of the content of judicial decisions.
Not compatible with EU rules
It was only in October that the ECJ sentenced Poland to pay a daily fine of one million euros for failing to implement an earlier ruling on controversial judicial reforms.
Specifically, it was particularly about the order to stop the work of the disciplinary body to punish judges.
According to ECJ rulings, the activity is not compatible with EU rules on the independence and impartiality of the judiciary.
also read
ECJ ruled again against Poland's judiciary
The national-conservative government in Poland is restructuring the judicial system - regardless of international criticism.
Now the ECJ has taken a stand against Poland again.
Another decision is still pending.
ECJ ruled again against Poland's judiciary
Poland asked to comply with EU rules
The ruling of the Polish Constitutional Court on the status of EU law has also met with protests from many citizens in the country itself.
Demonstrations are planned in some cities over the weekend.
Poland asked to comply with EU rules
"Polexit" through the back door?
The verdict contains explosives - Von der Leyen "deeply concerned"
The Polish Constitutional Court has passed an unprecedented verdict - experts already see a "Polexit" through the back door.
The EU Commission threatens.
"Polexit" through the back door?
The verdict contains explosives - Von der Leyen "deeply concerned"
The way Poland's national-conservative PiS government has dealt with the country's judicial system has been heavily criticized for years.
However, the government in Warsaw and especially Justice Minister Zbigniew Ziobro have so far signaled no relenting on the crucial points.
Ziobro is also the architect of judicial reforms.
Within the national-conservative PiS government of Prime Minister Mateusz Morawiecki, he has made a name for himself as an anti-European, right-wing hardliner.
He argues that his reforms are necessary to make the Polish judicial system more efficient and also to free it from judges who were shaped under communism.
(dpa)