The Court of Justice of the European Union (CJEU) has found that Polish judicial reforms which introduced a new disciplinary system for judges violate European law. The case was brought against Poland by the European Commission in response to the introduction of new legislation – dubbed the “muzzle law” by critics – which implemented tough measures against judges who refused to accept the government’s judicial reforms. The CJEU found that Poland’s disciplinary chamber for judges “does not satisfy the requirement of independence and impartiality” and that the scope of its powers “is liable to affect [judges’] independence”. The CJEU also found that requiring judges to submit information on any membership of an association, non-profit foundation or political party infringes on their rights to the protection of personal data and respect for private life. Poland has now closed down the judicial disciplinary chamber at the heart of its dispute with the EU, hoping that it will pave the way for the release of billions in frozen EU funds which have been withheld until the case was settled.
Poland embarked on a radical overhaul of the judiciary in 2015, to end the ‘caste-like’ impunity judges had created for themselves. This included measures prohibiting judges from questioning the validity of the appointment of other judges and of rulings made by them. The opposition argued that the real aim was to punish judges who refused to accept judicial reforms and led to protest resignations.
Under Brussels’ financial pressure, Poland has taken measures to return independence to the judiciary, including abolishing the disciplinary chamber. Last month, the PiS prime minister, Mateusz Morawiecki, admitted that his government’s judicial reforms have “not turned out too well”.
