Polish Supreme Court Disciplinary Chamber law

The Polish Supreme Court Disciplinary Chamber law is legislation that defines conduct standards for the majority of Polish judiciary, namely the common and military courts and the Supreme Court, albeit excluding the administrative courts and the tribunals. It was enacted by the Sejm (223 to 205) on 20 December 2019.

Standards

The bill establishes the Disciplinary Chamber of the Supreme Court and empowers it to common, military and Supreme Court justices who engage in "political activity", including questioning the political independence of the panel.[1] Punishments may include a fine, reduction of salary, or termination from their position.[1] In comparison with other chambers, the law curbs the powers of the First President of the Supreme Court in regard to the Disciplinary Chamber in favor of the President of the Chamber, making it effectively “an autonomous body which only nominally is within the structure of the Supreme Court”.

The law also changed the manner in which the head of the Supreme Court of Poland is appointed. The Law and Justice party had previously attempted to oust the current head, Małgorzata Gersdorf, and her term expired in 2020.[2] This gives the government, in effect, the ability to control and sack judges. The legislation violates EU judicial system standards.[3]

History

The bill was born as a continuation of the legislation following the 2015 Polish Constitutional Court crisis, further exerting political control on the courts.

Reactions

Critics of the law called it draconian, and demonstrations against it took place throughout Poland.

The U.N. High Commissioner for Human Rights said that the bill "risks further undermining the already heavily challenged independence of the judiciary in Poland".[4] The EU urged Poland not to pass the bill, and to consult the Venice Commission, yet it passed.[5] The Association of Judges of Ireland condemned the Polish legislation.[6] Koen Lenaerts, President of the Court of Justice of the European Union, warned that "You can’t be a member of the European Union if you don’t have independent, impartial courts operating in accordance with fair trial rule, upholding union law".[7]

The Polish Supreme Court stated that the bill was a "continuation of the lawlessness of the 1980s". According to the court: "Everything is there: a ban on the freedom of speech by judges, the establishment of a surveillance mechanism and a drastic reduction of their right to have profiles on social networks".[8] The Court further said that Poland overruling the primacy of EU law may force it out of the bloc.[9][10]

Donald Tusk, former European Council president, warned the bill might force Poland out of the EU. Ombudsman Adam Bodnar said the law "violates the Constitution and the ground rules of the rule of law" and "would definitively put Polish courts and judges under the control of the legislative and executive branches of government". Special Rapporteur of the United Nations on the Independence of Judges and Lawyers Diego García Sayán and President of the European Association of Judges José Igreja Matos warned the legislation "runs contrary to judicial independence".[11]

The Helsinki Foundation for Human Rights and the Committee for the Defence of Democracy organized protests throughout Poland against the bill.[9][12]

José Igreja Matos, president of the European Association of Judges, stated on 18 January 2021 that "the muzzle law should be immediately blocked to put an end to the current dangerous intimidation of independent judges".[13]

See also

References
  1. "Poland lower house approves controversial judges law". BBC News. 20 December 2019. Retrieved 2019-12-21.
  2. "Poland's government steps up fight with judiciary | Financial Times". Financial Times. 15 December 2019. Retrieved 2019-12-21.
  3. "Poland passes controversial bill to punish judges | News | DW | 20.12.2019". Deutsche Welle. Retrieved 2019-12-21.
  4. "Polish Lawmakers OK Disciplining Judges; EU Decries Move". The New York Times. Retrieved 2019-12-21.
  5. Jan Strupczewski (20 December 2019). "Poland lower house adopts judiciary reform despite EU concerns". Reuters. Retrieved 2019-12-21.
  6. Gallagher, Conor. "Irish judges to condemn Polish government's judicial policy". The Irish Times. Retrieved Jan 12, 2020.
  7. "EU's top judge warns Poland over overhaul of judiciary". Reuters. Jan 9, 2020. Retrieved Jan 12, 2020 – via www.reuters.com.
  8. "Mass protests erupt across Poland over plan to punish judges". AP NEWS. Dec 18, 2019. Retrieved Jan 12, 2020.
  9. "Poland could be forced to leave EU by its judicial reforms, top court says". Euronews. 18 December 2019. Retrieved 2019-12-21.
  10. Deutsche Welle (www.dw.com). "Poland's judicial reforms put EU membership at risk, warns top court | DW | 17.12.2019". DW.COM. Retrieved Jan 12, 2020.
  11. "Time is fast running out for judicial independence in PiS-ruled Poland ǀ View". euronews. Dec 17, 2019. Retrieved Jan 12, 2020.
  12. "Thousands in Poland protest against latest judicial reforms". Reuters. Dec 18, 2019. Retrieved Jan 12, 2020 – via www.reuters.com.
  13. "Prezes Europejskiego Stowarzyszenia Sędziów: ustawa kagańcowa musi zostać natychmiast zablokowana". oko.press. Retrieved 23 January 2021.
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