On Wednesday, the Polish Constitutional Court declared temporarily unconstitutional the measures ordered by the Court of Justice of the European Union against regulations on the disciplinary responsibility of Polish judges.
The Constitutional Court ruled that Polish judges “do not become EU judges in the application of community law” and stressed that only the disciplinary chamber of the Polish Supreme Court has punitive powers in the Polish judiciary.
Almost at the same time as the Warsaw meeting Rosario Silva de la Puerta, the Vice-President of the European Court of Justice outlined the decision of the Luxembourg-based court, in which the EU again called on Poland to “immediately suspend” the decisions made by the Polish Disciplinary Chamber, considering that the independence and impartiality of the Chamber were not guaranteed.” The EU also has a notice stating that it will subsequently issue a judgment on the merits of the case, stating that “this judgment does not affect the substance of the main procedure.”
After the decision of the Polish Constitutional Court was announced, Polish Minister of Justice Zbigniew Sziobro, the Prosecutor General, stated that he had “received the only possible judgment with satisfaction”.
The Polish constitution and rule of law take precedence over attempts to politically use EU bodies in order to try to interfere in the internal affairs of member states, in this case Poland.
Zubrow also stated that “the Polish constitution is the most important legal document in the country,” referring to an ongoing case in which a ruling is expected on Thursday, noting that Polish law takes precedence over EU law.
Adam Bodnar The Polish Commissioner for Human Rights viewed the ruling as another step towards Poland’s abandonment of EU law and effectively separating Poland from European legitimacy.
The EU court ordered the suspension of the Polish disciplinary chamber rulings last April, after which the Warsaw government appealed to the Polish Constitutional Court, asking the commission for an opinion on whether the EU had the right to order preliminary measures against Poland.
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