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THE European Commission has referred Poland to the EU’s top court for politicising the judiciary.
The commission, the unelected executive of the European Union, says judicial changes give the Polish government excessive control over judges.
In particular, it holds that a law enacted in late 2019 that allows a special disciplinary chamber of the Supreme Court to punish judges who engage in “political activity” — including by questioning its own impartiality — by fining or dismissing them is against EU rules.
The commission is asking the European Court of Justice to strike down the law, though what will happen if it does is unclear, as Warsaw says the court has no jurisdiction.
“Regulation of the judiciary is a national prerogative, which can be inferred from the Polish constitution and EU treaties. Polish regulations do not diverge from EU standards,” Polish government spokesman Piotr Muller said.
Poland and Hungary backed down from threats to veto this year’s EU budget only after plans to tie funding to compliance with the rule of law were dropped.
