The European Court of Justice in Luxembourg decided yesterday that it is the Polish Supreme Court which should investigate the independence of the Disciplinary Board of the Supreme Court. In particular, according to the European Court, the Supreme Court should decide whether the board should have the authority to decide on the retirement of judges. If the Supreme Court rules that the board is biased, it will be able to stop sending matters concerning the retirement of judges to it.
Today’s ruling of the European Court of Justice revolves around one of the most crucial components of the Law and Justice Party’s judicial reform.
“It’s the Polish Supreme Court which should investigate the independence of the Disciplinary Board of the Supreme Court and whether it can deliver verdicts on the arguments regarding the retirement of judges. If the Supreme Court rules that the board is biased, it will be allowed to stop sending matters of retirement of justices to it.”- CJEU ruling.
According to the opposition, this type of ruling was to be expected.
“It’s a good thing, that the Court of Justice gave a ruling which allows the Supreme Court to assess the matters of the National Council of the Judiciary and the Disciplinary Board” – says Tomasz Grodzki, Marshall of The Senate, The Civic Platform party.
“We never had any doubts, that the way the judges of the National Council of the Judiciary were chosen was unconstitutional. It violated the most basic rule of the independence of the judiciary from politicians. I have only one question then – how quickly and how efficiently is the Polish government going to implement this ruling?”- says Katarzyna Lubnauer,Deputy leader of The Civic Coalition Club.
However, the Law and Justice Party senator, Wojciech Skurkiewicz, believes the opposition expected a much harsher critique of the ruling party’s judicial reform.
“It turns out it’s not that bad at all, I’d argue it’s a soft verdict. It says, that Poland has the right to reform its judiciary”- Wojciech Skurkiewicz ,The Law and Justice party Senator.
The ruling of the European Court of Justice came in response to the preliminary question asked by the Polish Supreme Court regarding the status of the National Council of the Judiciary and the Disciplinary Board.