EU launches legal action over Polish judge disciplinary regime

The European Commission launched legal action against Poland over its new disciplinary regime for judges on Wednesday, in the latest episode of a long-running saga over reforms introduced by Warsaw.

The EU executive believes there is a risk that “the disciplinary charges introduced by the law can be used for political control of the contents of judicial decisions,” commission vice-president Vera Jourova told journalists in Brussels.

The bill in question, dubbed the muzzle law by domestic opponents, entered into force in February. Under its provisions, judges can face disciplinary punishments, including dismissals, for a range of actions, such as questioning the legality of judicial appointments.

They can also be disciplined if they undertake “political activity” or “hinder the functioning of the judiciary,” according to the legislative text.

Opponents fear its implementation could effectively be a step towards leaving the European Union.

The commission acts as the guardian of the EU treaties. Wednesday’s infringement proceeding could see Poland taken to the European Court of Justice, the bloc’s highest court, and ultimately handed a hefty fine.

The move is one of a string of disciplinary proceedings Warsaw faces for reforms critics say diminish judicial independence. The government insists they amount to necessary modernization and accuses Brussels of meddling in its domestic affairs.

“This is a European issue, because Polish judges apply European law,” Jourova said on Wednesday, “Judges from other countries must trust that Polish judges act independently.”

While Brussels has achieved some successes in reining in certain reforms, Poland has for the most part continued its overhaul undeterred since the ruling national-conservative PiS party took power in 2015.

EU officials have limited firepower in their arsenal to bring Warsaw in line. Budapest has also been a regular cause for concern in recent years.

This has led to calls for introducing the possibility to deny access to funds from the EU shared budget as a new way to penalize member states.

The commission has given Poland two months to address the concerns spelled out in a letter, according to a statement.

“I stand ready in a spirit of cooperation to have a fair and open dialogue,” Jourova added.

The new Polish law also gives the President Andrzej Duda the right to appoint an acting head of the Supreme Court.

Duda will likely do so soon, as Thursday marks the end of term of current Supreme Court head Malgorzata Gersdorf, a vocal critic of the government’s judicial reforms.

Wednesday’s decision harks back to a time before the outbreak of the coronavirus pandemic in Europe, which has also seen most EU states implement emergency powers.

The commission has previously expressed concern about the sweeping measures introduced by Hungary in particular, which allow Prime Minister Viktor Orban to rule by decree indefinitely.

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But after careful analysis of the legal text in question, the commission does not believe there are grounds to open an infringement procedure yet, Jourova said on Wednesday.

“I have to emphasize ‘yet,’ because we are following what the Hungarian government is doing,” the top EU rule of law official added.

“We have made a thorough of analysis of all the emergency regimes” in place in 20 of the European Union’s 28 member states, Jourova says. “The virus must not kill democracy,” she urged. (dpa)