The Polish Law on the Supreme Court in light of rulings of the Court of Justice of the European Union
Legal analysis from June 2018 argues that Polish legislation was at that time violating EU Treaties and Charter of Fundamental Rights, that it remains in competence of the Court of Justice and potential insufficient implementation of the ruling could lead to financial penalties.
- 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
Piotr Bogdanowicz – Assistant Professor at the University of Warsaw
Maciej Taborowski – Assistant Professor at the University of Warsaw