EU court finds Poland guilty in rule-of-law dispute

BRUSSELS — Sweeping changes to Poland’s judicial system by its nationalist government breach EU law by endangering the independence of judges, the Court of Justice of the European Union (CJEU) ruled Monday.

The court sided with the European Commission, which claimed that a December 2019 reform that prevented judges from questioning the legality of the appointment of other judges violated EU law. The status of judges is a growing issue in Poland as the government has radically changed the way they are appointed.

The reform also allowed the (now liquidated) Disciplinary Chamber of the Polish Supreme Court to penalize judges for their verdicts.

“The mere prospect, for judges called upon to apply EU law, of running the risk that such a body may rule on matters relating to their status and the performance of their duties … is liable to affect their independence,” the CJEU said in its ruling.

Under EU law, member countries are required to make sure that “any regression of their laws on the organisation of justice is prevented, by refraining from adopting rules which would undermine the independence of judges,” the court added.

This, the court said, is “an integral part of the very identity of the European Union.”

The ruling settles a long-standing dispute between Warsaw and Brussels over the Polish government’s rule-of-law violations, but the verdict angered the government.

Sebastian Kaleta, a Polish deputy justice minister, called the verdict a “farce” and questioned whether the CJEU has the right to rule on such issues.

“Although the EU does not have the authority in the Treaties to assess the organization of the judiciary, the CJEU has found that it can assess the Polish one,” he said.

Former Prime Minister Beata Szydło, now a member of the European Parliament, said the ruling was “a mockery of European law and an expression of treating Poland as a state on which Brussels elites are trying to test their anti-democratic visions.”

In October 2021, the top court started fining Poland €1 million per day for ignoring a ruling ordering it to suspend the disciplinary chamber.

The fine was halved to €500,000 a day in April, after the court considered that the Polish authorities had implemented partial — albeit insufficient — reforms to restore the independence of judges.

The confrontation with the CJEU has cost Poland €557 million in fines, of which the Commission has docked Warsaw €360 million, the Polish press reported.

Monday’s ruling ends the fines, but the court added: “This does not affect Poland’s obligation to make the daily penalty payments due in respect of the past.”