The EU Court recognized that Polandʼs judicial reform violates European law
- Author:
- Liza Brovko
- Date:
The European Court of Justice supported the European Commission in its conflict with Poland regarding the latterʼs judicial reform, which violates European law.
In 2019, Poland adopted a judicial reform that, according to the decision of the EU court, contradicts European law, because the Disciplinary Chamber of the Supreme Court, which appeared as a result of the implementation of the reform, is empowered to dismiss and prosecute judges "who do not meet the requirements of independence and impartiality."
- Two years ago, the Constitutional Court of Poland declared unconstitutional some clauses of EU treaties, in particular the principle of supremacy of EU law over Polish laws.
- The supremacy of European law over national legislation is one of the founding principles of the EU.
- Poland has long been at odds with the EU over a series of controversial laws that limit the independence of the judiciary, media freedom and LGBT rights. Since 2017, the Polish government has been accused of appointing its own proteges to the Constitutional Court, and taking control of the Supreme Court with the help of the Disciplinary Chamber, which can fire dissenting judges.