ECJ: Brussels' critical assessment of Polish judiciary overhaul "relevant"

The European Court of Justice (ECJ) found that the EU executive, the European Commission, had made a "particularly relevant" assessment in a document last December which said that "judicial reforms in Poland mean that the country's judiciary is now under the political control of the ruling majority".

The ECJ was ruling on a case brought by an Irish judge, who asked if a Pole being sought under a European arrest warrant should be extradited to Poland if changes to the judiciary put the independence of courts in doubt.

The ECJ said Ireland should refuse extradition if it concluded that the lack of independence of Polish courts would compromise the suspect's right to a fair trial.

And it said that the "reasoned proposal" put forward by the Commission in December was particularly relevant for such an assessment.

"In the absence of judicial independence, serious questions are raised about the effective application of EU law, from the protection of investments to the mutual recognition of decisions in areas as diverse as child custody disputes or the execution of European Arrest Warrants," the Commission said.

Since the nationalist PiS party won power in Poland in 2015, it has pushed through laws under which dozens of judges have been dismissed from the Constitutional Tribunal, the National Judiciary Council, which decides appointments, and the Supreme Court.

It has also moved powers concerning the appointment of new judges from judicial bodies to parliament, where PiS has majority.

As a result, the Commission is investigating Poland on suspicion of undermining the rule of law.

The ECJ said on Wednesday that, for Poland's courts to be independent and impartial, they had to "exercise their functions wholly autonomously, shielded from external interventions or pressure".

In a reference to the sacking of judges and appointment of new ones by Justice Minister Zbigniew Ziobro, a member of the PiS, and to measures shortening the term of Supreme Court judges, the ECJ said:

"Guarantees of independence and impartiality require rules, particularly as regards the composition of courts and the appointment, length of service and grounds for abstention, rejection and dismissal of their members."

The PiS has also set up a Disciplinary Chamber for the judiciary, presided over by a single judge chosen by the justice minister.

"The disciplinary regime governing their (courts') members must display the necessary guarantees in order to prevent any risk of that regime being used as a system of political control of the content of judicial decisions," the ECJ said.

"ECJ's remarks are practically in line with Polish government's standpoint. In no point did the Tribunal mention any rule of law infringement in Poland," said Polish Minister of Justice and Prosecutor General, Zbigniew Ziobro.

Mr Ziobro added that "the Irish court has suffered a defeat. The ECJ overruled the refusal to extradite Polish citizen suspected of serious crimes".

"The ECJ also emphasised that such refusal can only occur after conducting a special procedure that would prove that changes to judiciary in a given country can influence the outcome in the case of a particular suspect," said Polish Justice Minister.

The upper chamber of Poland's parliament has approved an amendment smoothing the way for the ruling party to name the next chief of the Supreme Court, despite street protests and objections from opposition parties.

The European Union, human rights groups and the opposition have all accused the government of infringing judicial independence, but the ruling nationalist Law and Justice (PiS) party says an overhaul is needed to boost the courts' efficiency and eradicate the residual influence of the communist past.

Hundreds of people protested in many Polish cities on Tuesday night, although the numbers were sharply lower than the tens of thousands who turned out last summer to demonstrate against the government, which came to power three years ago.

Polish news agency PAP quoted opposition party lawmakers as saying the upper house, or the Senate, adopted the late night changes in violation of house rules, as the speaker did not allow for more discussion on the amendment.

This month 22 Supreme Court judges were forced into early retirement but chief Judge Małgorzata Gersdorf has refused to go, saying her constitutional term expires in 2020. She has become a symbol of resistance to the judicial revamp.

Since the PiS won power, dozens of judges have been dismissed from the Constitutional Tribunal, the National Judiciary Council, which decides judicial appointments, and now the Supreme Court.

New appointments have employed procedures that give parliament, where the PiS has a majority, greater say over the courts and the government more control over judges.

The European Commission is running an unprecedented rule of law investigation and has opened several separate legal cases against Poland, the largest former communist EU state, including some over the Supreme Court.

Warsaw risks losing billions of euros in European aid if it is found to be subverting the rule of law.

Prime Minister Mateusz Morawiecki said last week Gersdorf had to be replaced quickly to avoid legal chaos and that Poland would not heed demands by Brussels to reverse its judicial laws.

The most recent changes adopted by parliament will have to be signed into law by President Andrzej Duda, a PiS ally.

Autor: gf / Źródło: TVN24 International, PAP, Reuters