Tag: disciplinary liability for judges

If you are a Polish judge and you intend to apply European standards on judicial independence, think twice. You are facing suspension, as well as disciplinary and criminal proceedings. Either the end of your career or, at best, a long and unpleasant break. This is the situation in Poland, a European Union Member State, at the dawn of the 21st century.

Three new disciplinary cases have been initiated against Judge Żurek. A judge who refused to disclose her child’s illness is also being prosecuted, while another has been transferred on disciplinary charges for applying EU law

Przemysław Radzik’s letter to the local disciplinary commissioners at the district and appellate courts shows that Ziobro’s people are heading for a total attack on defiant judges. This is because such record-breaking disciplinary action is absurd and will be extensively commented on in the EU.

The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.