In a long-awaited opinion addressing an element of the so-called reform of the judiciary in Poland, the Court of Justice Advocate General Tanchev states that “by lowering the age of retirement of judges of the common law courts, and by vesting the Minister of Justice with the discretion to extend the active period of such judges, Poland has breached its obligations under EU law”.

The CJEU will soon announce its ruling in a controversial case brought by the Commission against Poland. Barbara Grabowska-Moroz provides background and analysis of the impact of the proceedings and the Court of Justice’s potential ruling on efforts to stop the backslide of the rule of law in Poland and around Europe.

Prosecutor Piotr Wójtowicz from Legnica will not be formally disciplined for his appearance at a protest in defence of the Supreme Court. On Tuesday, the disciplinary court for prosecutors rejected the appeal of National Prosecutor Bogdan Święczkowski, who was seeking to punish Wójtowicz.

Depoliticization of the National Council of the Judiciary, depriving the Minister of Justice of oversight with respect to courts and the prosecutorial service, speeding up cases in commercial and administrative courts, lowering court fees for citizens and elimination of the Supreme Court’s Disciplinary Chamber. These are the most important proposed changes in the law presented at the 2nd Congress of Polish Lawyers.

The newly constituted National Council of the Judiciary (KRS) does not want the Court of Justice to review its status, nor the activities of the Disciplinary Chamber of the Supreme Court. “Every criterion for independence is impeccably satisfied”, said Jarosław Dudzicz, member of the new KRS, on 14 May in Luxembourg. The Law and Justice government is again employing the rhetorical arguments of “German courts” and “thieves in togas”. A final verdict on the legality of the KRS will come in July at the earliest.

A judge from Łódź wrote critical remarks on the internet about the president of a court nominated by Zbigniew Ziobro, staff shortages in courts, and the promotion by the National Council of the Judiciary of judges “from their side”. Disciplinary spokesman Przemysław Radzik decided that the justice crossed a line by discussing this publicly and has brought disciplinary charges against him.

The head of the national public prosecutor’s office, Bogdan Święczkowski, is seeking to punish prosecutor Piotr Wójtowicz (pictured below) for his presence at a demonstration protesting attacks on the independence of the Supreme Court and National Council of the Judiciary (KRS). Święczkowski is demanding punishment for “political” activity, despite the fact that he himself ran as a candidate of Law and Justice (PiS) in recent elections. The verdict in this case will set a major precedent and will show whether all prosecutors are equal under the law.

This distinction is an important recognition for all rule of law defenders in Poland – the Ombudsman is just one of them – said Dr Adam Bodnar in the Hague

Remarks by Dr Adam Bodnar, Polish Commissioner for Human Rights, on Human Rights and Solidarity at the University of Connecticut (4 April 2019)

The Disciplinary Chamber is populated entirely by justices selected since Law and Justice came to power. In a resolution of 10 April, they declared that the process by which they were appointed was entirely proper. The new members of the Supreme Court are rushing to “legalise themselves” in order to head off the “older” judges, who believe their new counterparts should not be allowed to rule. They were appointed in a faulty process and with the participation of a politicised KRS.