• Authors argued in June 2018 that provisions of the Law on the Supreme Court might jeopardize the principle of irremovability of judges and thus violate Articles 2 and 19(1) of the Treaty on the European Union as well as Article 47 of the Charter of Fundamental Rights of the European Union;

 

• If the European Commission launched an infringement proceeding over the Law on the Supreme Court (regardless of the Article 7 procedure), the Court of Justice of the European Union would be competent to judge it;

 

• Potential insufficient implementation of the CoJ ruling could trigger a second complaint of the European Commission to the CoJ, this time with a proposal to impose financial penalties.

 

This analysis was written for the ideaForum of the Stefan Batory Foundation
Full document can be found here: The Polish Law on the Supreme Court in light of rulings of the Court of Justice of the European Union, published June 28, 2018
The authors:
Piotr Bogdanowicz – Assistant Professor at the University of Warsaw
Maciej Taborowski – Assistant Professor at the University of Warsaw