Poland do not raise disciplinary proceedings against judges, who have been denied answers to questions, says the EUROPEAN Court of justice.
Two Polish judges can’t get the EUROPEAN Court of justice on whether a Polish judicial reform, which makes it possible to initiate disciplinary proceedings against judges, is lawful.
the EUROPEAN Court of justice will not address the issue in relation to the two cases, since they concern the interpretation of EU law. It writes the court Thursday.
the Judges have not asked for an interpretation of EU law in relation to the specific cases. However, they use the cases to ask a question about the disciplinary system. The EU Court of justice did not answer.
at the same time, says the EU Court of justice, however, to the fact that the case is rejected, must not lead to the opening of such disciplinary proceedings against the judges.
“in Fact,” the prospect “for such disciplinary action is likely to undermine” the affected judges ‘ ability to “effectively trap sentences”, writes the EUROPEAN Court of justice.
Poland has implemented a number of reforms of the judicial system in recent years. The EUROPEAN Commission, which believes that some of them are in conflict with the rules of the UNION, has criticized the Polish government.
the Commission has raised the cases of infringement against Poland and also brought the EUROPEAN Court of justice on the field.
the EU Commission has also commenced an article 7 procedure against Poland. It can lead to that you take the voting rights from an EU country. But it requires unanimity, and there is no view.
In the specific case that the EUROPEAN Court of justice has rejected, had the judges Ewa Maiejewska and Igor Tuleya asked for “preliminary rulings”.
It is the interpretations which the courts in all EU countries can ask the EUROPEAN Court of justice. But they can only have it if they need an interpretation of EU law, and emphasized it – if they stand and pass judgement in a particular case.
The two judges were concerned that the judgments which they were to trap, could lead to disciplinary proceedings against them.
One of the cases deals with a dispute between the city of Lowicz and the Polish ministry of finance for the payment of public funds.
The other concerns, on three convicted criminals who have cooperated with the Polish authorities, must be released before time.
the Judges fear that the reform may mean that judges are removed from office, if the judge against the government’s wish. The fear at the same time, that the judges of the fear of the disciplinary system will be influenced.