Tag: Disciplinary Chamber

For the second time in recent months, in June 2019 the Supreme Court referred preliminary questions to the European Court of Justice regarding disciplinary proceedings against judges. The most recent case involves judge Frąckowiak of the Poznań regional court.

On Tuesday, 18 June 2019, the European Court of Justice considered two preliminary requests submitted by courts in Łódź 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.

The assertion presented by the media, that the sole objective of the so-called ‘great reform of the justice system’ lies in a one-off replacement of judicial personnel with a view to replace the key judicial office holders by those subordinated to the Minister of Justice is an overlyoptimistic simplification of matters. The authors of the ‘reform of the justice system’ were far more ambitious.

In the last few months, the use of the new disciplinary procedures has become increasingly bald-faced. Increasingly, the authorities do not appear to be ashamed of their real motives, which are unabashedly political’ – writes prof. Piotr Mikuli at I-CONNECT.

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

Today, the European Commission has launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new disciplinary regime for judges. The Polish government has 2 months to reply.

Judge Darisz Mazur on the changes in the Supreme Court of Poland including Disciplinary Chamber and Chamber of Extraordinary Claim and Internal Affairs