EU gives Poland a month to respond to justice system fears

The European Union’s executive body warned the Polish government Wednesday that it has a month to address long-standing concerns about laws that Brussels fears undermine the independence of Supreme Court judges or Poland faces possible legal action.

The European Commission considers Poland in violation of EU law for allowing the Disciplinary Chamber of the Supreme Court to make decisions which have a direct impact on judges and the way they do their jobs. It says the chamber's independence and impartiality are not guaranteed.

The commission warned that it “may refer the case” to the European Court of Justice, Europe’s top court, unless Poland takes action to fix the problem and replies to Brussels’ concerns in time.

A series of legislative acts approved in late 2019 governs the way Poland's justice system operates. The laws entered force in February of last year. The European Commission started infringement proceedings against the government in Warsaw in April, and took further steps in October and December.

The EU is concerned about cases involving the lifting of judges’ immunity to bring criminal proceedings against them, moves to temporarily suspend them and to cut their salaries. The Supreme Court disciplinary chamber can also rule on labor law, social security and the retirement of judges.

The European Commission, which supervises the way EU laws are applied in the 27 member countries, said “the mere prospect for judges of having to face proceedings before a body whose independence is not guaranteed creates a ‘chilling effect’ for judges and can affect their own independence.”

In November, the Disciplinary Chamber of the Supreme Court Disciplinary Chamber suspended Judge Igor Tuleya and cut his salary by 25%. Tuleya, who has been critical of the changes to the justice system, has become the symbol of the struggle for judicial independence in Poland.

Tuleya’s immunity was also waived, allowing prosecutors to press charges against him, for having let the media hear the verdict in a politically sensitive trial. He's the third judge critical of Justice Ministry policy who has been suspended by the chamber, which is largely composed of government loyalists.

Poland’s largest association of judges, IUSTITIA, has condemned the decisions.

The EU commission's case is part of a long-running row between Brussels and the nationalist governments in Poland and Hungary over concerns that they are undermining democratic standards and the rule of law in the world's biggest trading bloc.