Today, the European Court of Justice (ECJ) issued a ruling that Poland's legislative amendments to the rules for appointing judges to the Supreme Court in 2018 and 2019 are in breach of EU law. [ Ссылка ] The welcome ruling, which commands the Polish PiS-government to withdraw the changes, once again highlights the Polish Government’s unacceptable crackdown of the country's judicial independence and the rule of law.
We urge the Council to finally act under the Article 7(1) of the Treaty on European Union procedure, as the evidence for clear risks of serious breaches of the Article 2 values by the Polish Government is overwhelming.
#Hungary #Orban #EU #Commissioner #Poland #VETO
The new rule of law mechanism, connecting the EU’s budget to democratic values came into effect on January 1st. Given this clear-cut case by the ECJ, we call the Commission to use it. It’s time to act!
Dacian Cioloş, President of Renew Europe, said:
“Enough is enough! The EU has to act against yet another clear-cut violation of the Rule of Law by a Member State. Renew Europe will continue to be at the forefront protecting our values and our rights and defending the rights of EU citizens in Poland. We fought long and hard for the Rule of Law mechanism, now the Commission has to use it. The Commission should use all tools in the toolbox just as President Ursula Von der Leyen promised us last December. We must protect what we all hold dear, the values of our Union.”
MEP Michal Šimečka, Vice-President of Renew Europe and the Group’s shadow on Poland, adds:
“The European Court of Justice once again confirms that it is the strongest defender of the rule of law in the EU. The response of the Council and the Commission, however, remains inadequate in light of their responsibilities under the Treaties. Enforcement action must be stepped up”.
EU court tells Polish judges to ignore national laws breaking bloc law
Judges applying to join Poland’s Supreme Court should have the right to appeal against the opinions of a body which reviews candidates, the EU’s top court said on Tuesday (2 March), underlining a rift over the rule of law between Warsaw and Brussels.
While Tuesday’s verdict by the Court of Justice of the EU (CJEU) said the final decision in such cases rested with a Polish court, the judgement touches on a public body that critics say has become a tool to politicise the judiciary.
Poland is caught in a long-running row with the EU over reforms that the bloc says hurt court independence by increasing political control over judges. The conservative ruling Law and Justice (PiS) party says the reforms are necessary to make courts more efficient and purge the judiciary system of relics of the country’s Communist era.
The case concerned the appeal launched by five candidates to Poland’s Supreme Court, whose chances of being on the country’s top legal body were crushed in August 2018 by the National Council of the Judiciary (KRS), which is responsible for nominating judges and reviewing ethical complaints.
Under the legislation introduced by the Polish parliament in July 2018, just a month before the KRS’s decision to axe the appointment of the five candidates to the Supreme Court, every candidate, including the successful ones, had to join the appeal, otherwise the KRS’s decision became final.
In 2019 the Polish parliament then amended the law to disallow appeals against decisions of the KRS concerning proposed appointments to the Supreme Court. The amendments also halted all ongoing appeals, including the one pending in front of the CJEU.
The EU’s top court said the “possible absence of any legal remedy” when it comes to appointments can be problematic and “may give rise to systemic doubts in the minds of individuals as to the independence and impartiality of the judges.”
EU judges found the ability to appeal KRS decisions would be necessary to safeguard the appointment process from outside influence if domestic courts found the body itself lacked independence.
The CJEU left it to Polish courts to judge for themselves whether the changed appointment law ran counter to the bloc’s rules. However, if they did, EU law would require them “to disapply those amendments,” judges in Luxembourg said.
The ECJ said the system of cooperation between the national and EU courts as well as the “principle of sincere cooperation” precluded amendments to laws that would prevent EU judges from ruling on questions referred already before them, or referring similar questions in the future.
[ Ссылка ] #eudebates
