EU court questions legitimacy of Polish judicial body


The Court of Justice of the European Union called into question on Thursday the legitimacy of a chamber of Poland’s supreme court that was introduced by the former right-wing government.

The EU judiciary has repeatedly been critical of the judicial reforms undertaken by the conservative Law and Justice (PiS) party, which was in power since 2015 but lost the October general election to a pro-EU alliance.

The PiS administration had frequent run-ins with the European Commission over the judicial changes, which Brussels believes hamper democratic freedom. The conservative party had argued the reforms were needed to root out corruption among judges.

On Thursday, the Luxembourg-based EU court said it would not address a request for a preliminary ruling from the Polish supreme court chamber as it does “not originate from a body having the status of an independent and impartial tribunal.”

Created in 2017, the chamber in question is notably tasked with questions concerning elections and referendums, as well as other domains like infrastructure, telecommunications and the retirement of judges.

The EU court found that the chamber was composed of judges whose appointments “had taken place in manifest breach of fundamental national rules governing the procedure” on the recommendation of a body whose independence has repeatedly been questioned.

In power since last week, Poland’s new pro-EU government — led by former EU chief Donald Tusk — has pledged to ensure that Poland is in line with the rule of law.

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