The Marshal of the Senate Tomasz Grodzki (Civic Coalition) said on Wednesday that he might put forward legislation that would adjust regulations to match the ECJ's ruling on the Disciplinary Chamber of the Supreme Court. The Marshal is to meet with distinguished Polish lawyers on Friday, and ask them on their opinion on the EU Court's verdict.
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 Tuesday.
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.
The First President of the Supreme Court Małgorzata Gersdorf said on Tuesday: "the government, the Sejm and the Senate should produce a legislation that would remove the faulty regulations, existence of which has been confirmed by the EU Court's ruling".
The Senate Marshal Tomasz Grodzki did not exclude in Wednesday's interview for Polish Press Agency (PAP) that the upper house would draw up a legislation in reaction to the ECJ's ruling. "I'm considering such initiative," he said.
He added, however, that he would make a decision on this matter only after meeting with renowned Polish lawyers, which is to take place on Friday. "Following Chief Justice Gersdorf's suggestion that the Senate should get involved in the process, and I believe any action should be first carefully prepared, I have invited distinguished Polish constitution experts, lawyers and Chief Justice Gersdorf to the Senate for the first debate," Grodzki said.
He expained that it would be a working meeting. "This would be an initial discussion, as I'm not a lawyer and as the Senate Marshal I'd like to hear the wiser, so I could expand my knowledge on this ruling and the whole case in general, with which of course I'm fairly familiar, but I wouldn't ever dare to compare my knowledge with that of the outstanding Polish lawyers," Grodzki said.
Autor: gf / Źródło: TVN24 News in English