The European Court of Justice ruled that Poland’s disciplinary chamber is not in compliance with European standards, affecting its rulings.
EU Court Decision
The Court of Justice of the European Union (CJEU) issued a ruling regarding Poland’s Constitutional Tribunal’s disciplinary chamber, deciding it is not in line with European Union law. The chamber has been criticized for its role in influencing recent presidential elections.
Impact on Rulings
The CJEU questioned the legitimacy of the disciplinary chamber’s decisions, particularly due to procedural shortcomings in how judges were appointed, a change made during the tenure of the Law and Justice party. This raised concerns about the chamber’s impartiality and authority.
Discussions Post-Election
Following the presidential elections in 2020, discussions about the chamber’s decisions intensified. Some politicians questioned the chamber’s independence, pointing to its role in declaring the elections of 18 May and 1 June 2020 valid. Former Minister of Justice and Chief Human Rights Ombudsman Adam Bodnar raised concerns about the chamber’s impartiality, arguing for its judges to be excluded from cases related to elections.
Previous Attempts to Address Concerns
In response to Bodnar’s concerns, the first president of Poland’s disciplinary chamber, Krzysztof Wiak, left the matter unresolved, choosing not to reassign the case to another chamber. This prompted further debates about the chamber’s role and its compliance with European Union standards.
