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    The CJEU is bending the law in Poland's affairs? “Recent judgments have a dubious cause”

    The overwhelming majority of recent CJEU judgments on Poland have at least a questionable legal cause. The “law-making initiative” of the Court has repeatedly sought to expand the competencies of EU bodies, also beyond the treaties, believes Radosław Fogiel, vice-spokesman of PiS (Law and Justice party). “We stand firmly on the position that the only thing that applies to us in relations with Brussels is the EU treaties. There is a dispute here,” emphasized the PiS MP.

    “The Court of Justice of the European Union has recently been very prolific when it comes to judgments concerning Poland, unfortunately, the vast majority of these are judgments whose legal cause is at least questionable,” said Fogiel, asked on Thursday on TVP about the CJEU ruling on the possibility of transferring judges.

    According to him, “that the Minister of Justice has the power to transfer a judge, to direct him where he is more needed is a question of the organization of the judiciary, which is the exclusive domain of the EU Member States.” He added that “many times there are situations in which a judge from a city should be sent to a smaller town, for example, to support local judges where there is staff shortage”.

    “Now a judge from the CJEU (vice-president of the court Rosario Silva de Lapuerta) is trying to tell Poles that +a local community that has a given district court must wait longer for judgments because the Minister of Justice does not have the right to delegate or transfer a judge to assist the local court+,” said the PiS vice-spokesman.

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