Opinion on EU recommendations regarding judicial reform in Poland 2018-2021
On December 20, 2017, the European Commission (EC) launched a procedure against Poland under Article 7 of the Treaty on European Union. Within its framework, the EC expects Poland, among other things, to abandon some of the changes in the judiciary, as they may, in its opinion, threaten the rule of law in Poland.
In 2018, the EC challenged before the Court of Justice of the European Union the regulations on the age of retirement of Supreme Court and common court judges. As a result, Poland amended the regulations challenged by the EC. In turn, in the complaint filed in October 2019, the EC questions, among other things, the independence and impartiality of the Disciplinary Chamber of the Supreme Court, as well as the regulations on disciplinary proceedings.
Finally, on October 7, 2021, the Constitutional Tribunal, after recognizing the motion of the Prime Minister, declared that the European regulations, to the extent that the European Union bodies act beyond the limits of the competencies delegated by Poland, are incompatible with the Polish Constitution.