Supreme Court to examine first case ECJ issued its verdict on

"Due to the session's closed character and bearing in mind social importance of the issue in question, as well as high public attention, the Supreme Court's press office has asked the adjudicating bench to consider announcing the ruling in this case to the public," Krzysztof Michałowski from the SN press office said on Friday. He added that more details regarding the session would be revealed next week, after the adjudicators' decision.

"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 EU Court said that it's unacceptable to leave settling EU law disputes only in the hands of a court (organ) which is considered not independent or not impartial.

Judges in Luxembourg explained that such situation occurs when the objective circumstances under which a given organ, as well as the method of appointing its members, raise justifiable public concerns regarding its independence from external pressure, especially influence from the legislative and executive powers.

These elements, the ECJ stressed, "may cause an organ to cease giving clear signs of independence or impartiality, which may, in turn, undermine trust the judiciary should inspire in the public in a democratic society".

The case scheduled for December 5 was one of the cases referred by the Supreme Court to the ECJ with request for preliminary ruling, and to which the EU Court issued its verdict on November 19.

Autor: gf / Źródło: TVN24 News in English, PAP