Chief Justice rejects fellow judges call to urgently address CJEU ruling

Last week the Court of Justice of the European Union issued a ruling in which it said that Poland's law allowing the Supreme Court's Disciplinary Chamber to discipline judges was incompatible with the EU regulations.

On Friday, the First President of the Supreme Court Małgorzata Manowska issued a statement in which she said she "is deeply convinced that the Disciplinary Chamber of the Supreme Court is fully independent in its legal jurisdiction, and judges of this Chamber are fully independent in adjudicating".

Poland's Chief Justice also informed about revoking an ordinance issued by her predecessor on May 5, 2020, to execute the order by the CJEU from April 8 to implement interim measures.

In reaction to her statement, part of the Supreme Court Justices called for a special session of the court's Council, in order to adopt joint a position regarding Thursday's ruling by the CJEU on the contested Disciplinary Chamber.

To address the issue, Supreme Court Justice Marta Romańska wrote to the Chief Justice Małgorzata Manowska. She called for "immediate scheduling of a Supreme Court Council session, in order for this body to adopt a position" on the CJEU ruling from July 15, as well as "regarding the way, the First President of the Supreme Court publicly reacted to this ruling".

On Monday, judge Manowska informed she rejected that request. In a statement she said the justices have been informed that a meeting has been meeting for September, taking into account holiday plans of all members of the Council.

"I don't see any urgent issues at hand that fall under the Council competence, that would justify calling an extraordinary meeting of this body," Chief Justice Małgorzata Manowska said. She added this did not mean she underestimated the gravity of the issues that were to be addressed by the Council.

She added that the Supreme Court regulations allow the Council to adopt resolutions regarding "important matters" on its own initiative. She stressed, however, such statement did not have to always be expressed in an urgent mode.

Despite the CJEU ruling, the Disciplinary Chamber on Monday began proceedings aimed at stripping a judge from immunity. The said judge, Piotr Raczkowski, used to be a deputy chief of the National Council of the Judiciary, before the reforms introduced by PiS that changed the rules of appointing members of this institution.

As TVN24 reporter Karolina Wasilewska informed, the session has been postponed until September 23. This, however, does not change the fact the proceedings were launched despite the recent ruling by EU's top court.