The European Union's top court should rule that measures introduced by Poland's ruling Law and Justice (PiS) party to discipline judges contradict EU laws, a court adviser said on Thursday ahead of a final ruling due in the coming months.
The EU executive sued Poland at the European Court of Justice (ECJ) in 2019, saying its new disciplinary regime infringed on judicial independence by exposing judges potentially to political interference.
The case is one of multiple rows that have erupted between the EU and the ruling nationalists in Warsaw since 2015. Brussels accuses PiS of undermining basic democratic principles, including by tightening state control and influence over Polish media and courts, charges that Warsaw rejects.
An advocate general to the court said Poland's broad new definition of disciplinary offences was causing a "chilling effect" among judges by weakening their protections and independence.
Poland also failed to ensure the impartiality of its new Disciplinary Chamber at the Supreme Court, said the advocate general, whose opinions are usually followed by the court in its final ruling.
The Luxembourg-based ECJ has already ruled to suspend the disciplinary chamber pending a final ruling on whether it offers sufficient guarantees of judicial independence. However, the chamber has continued to work despite the ECJ ruling.
Commenting on the opinion, Poland's Deputy Justice Minister Sebastian Kaleta accused the EU of "double standards" and the court's advocate general of disseminating "lies" in seeking to block Warsaw's overhaul of its judiciary.
The eurosceptic PiS remains popular in Poland, helped by its mix of tough-talking nationalism and increased social spending. It won re-election in 2019 for another four-year term.
Źródło: TVN24 News in English, Reuters
Źródło zdjęcia głównego: Court of Justice of the European Union