Supreme Court deems new judiciary council "not independent"
The Supreme Court on Thursday deemed in its ruling the newly created National Council of the Judiciary (KRS) "not impartial and independent". Furthermore, Poland's top court said that its Disciplinary Chamber is not a court under the EU and Polish law.
Thursday's ruling ends one of the three lawsuits filed by Supreme Court (SN) and Supreme Administrative Court (NSA) justices over regulations regarding judges retirement.
The SN had asked the Court of Justice of the European Union (CJEU) to assess independence and legitimacy of the Disciplinary Chamber and the KRS under the EU law.
It's the Supreme Court that should be assessing independence of the new Disciplinary Chamber, in order to establish whether or not it should be settling disputes regarding Supreme Court Justices' retirement - the European Court of Justice ruled on November 19.
Had the Supreme Court found that the Disciplinary Chamber lacks independence and impartiality, it could - in line with the ECJ ruling - cease to apply regulations that allow the Disciplinary Chamber to settle disputes regarding Supreme Court Justices' retirement.
The Labour Law and Social Security Chamber's ruling passed on Thursday dismissed a resolution adopted by the KRS that had been appealed against by judge Andrzej Kuba from the NSA. Furthermore, the ruling rejected a request by the Disciplinary Chamber chief to hand over the case of judge Andrzej Kuba to his chamber.
According to current regulations, it's the Disciplinary Chamber that should be examining this case. However, Thursday's ruling by the Labour Law Chamber deemed the KRS not independent, and the Disciplinary Chamber "not a court under EU and Polish law".
Autor: gf / Źródło: TVN24 News in English, PAP