Patryk Wachowiec

On 13 January 2016, exactly four years ago today, the Commission activated its rule of law framework for the very first time with respect to Poland.

Patryk Wachowiec, a legal analyst at the Civil Development Forum, said this change was particularly troubling as it would undermine the primacy of EU law.

“Since 1964, the inherent principle of primacy of EU law over national law has been recognised in ECJ case law: judges have an obligation to disapply national law when it is contrary to EU law, without consulting their own national constitutional tribunal,” he said.

The ruling of the EU Court of Justice (CJEU) concerning the Disciplinary Chamber and the new National Council of the Judiciary (KRS) is another ruling concerning changes in the Polish judiciary in recent years. It answers only some of the doubts, and further answers are expected in 2020.

The Minister of Justice feels that the opinion of the Advocate General of the EU Court of Justice Evgeni Tanchev is incompatible with EU law and constitutes a "defence of pathology in the Polish judiciary." 

On Tuesday, June 18, 2019, the European Court of Justice considered two preliminary requests submitted by courts in Lodz and Warsaw. Both courts are concerned whether the new system of disciplinary proceedings against judges meets EU standards, particularly those enshrined in the principle of effective judicial protection. However, the hearing was mainly focused not on particular provisions of law questioned by the Polish courts, but on the admissibility of the questions these courts referred to the ECJ.

On 24 June 2019 the Court of Justice of the European Union ruled on the European Commission's complaint against Poland concerning the lowering of the retirement age of Supreme Court judges and making further decisions conditional on the President's decision.

On 27 May 2019, the seventh verdict in favour of transparency was passed. The Provincial Administrative Court in Warsaw ruled that the President of the Supreme Administrative Court had no right to refuse the disclosure of the names of judges from the administrative courts who supported candidates for the new NCJ.

The Ministry of Business and Technology has provided an Impact Assessment of the restriction of trade on Sundays. The ministry does not recommend changes in the model of reaching a full ban, suggesting only a modification of the regulations "in the direction of further strengthening of small Polish stores".

Is the Disciplinary Chamber an independent court since it was fully formed by the new National Council of the Judiciary, mostly elected by politicians? Such a question from the Supreme Court came before the EU Court of Justice at its hearing in Luxembourg on Tuesday. The procedural nature of the case and the arguments raised during the hearing, as well as the expected decision of the Constitutional Tribunal seem to suggest that the final decision may (at least partially) contribute to limiting the influence of politicians on the Polish justice system.