Through the Act of 8 December 2017 on the Supreme Court, drafted by the President of the Republic of Poland Andrzej Duda, the Law and Justice party has made radical changes in the system of judges’ disciplinary responsibility

On 19–21 September 2018, a delegation of the LIBE Committee of the European Parliament visited Warsaw to examine the rule of law in Poland. In follow-up to that mission, LIBE Coordinators held a public hearing with external experts and stakeholders during the Committee meeting of 20 November 2018 in Brussels. Adam Bodnar took part in the public hearing. He spoke about judicial reforms in Poland and the threats to the rule of law

Frans Timmermans spoke with journalists on Tuesday, 19 February 2019, just prior to another debate in the General Affairs Council of the EU over breach of rule of law within the Article 7 TEU procedure initiated against Poland. This was the first meeting of the Council since the Polish government presented its report on 11 December 2018

The Polish Constitutional Court, once a proud institution and an effective check on the will of the majority, is now a shell of its former self

Since 2015, Poland has been facing an ongoing constitutional crisis which affects the work and position of the judiciary. The numerous legal changes concerning the work of the courts (from top-rank courts such as the Constitutional Tribunal and the Supreme Court to common courts) as well as prosecution were accompanied by smear campaigns and attacks against judges and certain prosecutors.

Provisions subordinating the judiciary to the executive (including disciplinary proceedings against judges), which are completely incompatible with European standards, are still in place.

The Supreme Court has not been the sole judicial institution under attack by the ruling majority. Since November 2015 the PiS has been increasing political control over other key bodies of the system, including the Constitutional Tribunal, the prosecution, the National Council of Judiciary, and ordinary courts.

The new Supreme Court Act came into effect on 1 January – the Supreme Court judges previously forced to retire are coming back to work. PiS ultimately gave up despite stalling for time until the last moment. Yet the fight for the rule of law continues, and Brussels has no plans to quit. In 2019, the Court of Justice will rule on the politicisation of the National Council of the Judiciary (KRS)

Reporting to the European Commission on the implementation of its recommendations regarding rule of law, the Law and Justice government is demanding the end of the procedure implemented under Article 7 of the Treaty on the EU. In the report, the government makes unsubstantiated claims that the changes into judiciary are addressing ‘high public expectations’

The expected ruling of the Constitutional Tribunal would confirm that the current Polish National Council of Judiciary (KRS), suspended from the European Networks of Councils of Judiciary in September 2018, is legal and capable of guaranteeing independence of judiciary, which critics claim it is not