Poland Joins the EU in Judicial Review – Um?

The European Court of Justice ruled in July that the council was incompatible with EU law. Poland announced, on Tuesday, that the Council would not consider any new cases, but at the same time it appealed the ruling of the European Court of Justice, on the grounds that the ruling violates the country’s constitution.

The Polish announcement came on the heels of Jaroslaw Kaczynski, leader of the National Conservative government’s Law and Justice party, announcing earlier in August that the council would “come to an end” in its current form.

“Therefore, the topic of disagreement with the European Union will disappear,” Kaczynski said.

The so-called Disciplinary Board set up in the country’s highest court has, among other things, the power to revoke judges’ immunity from prosecution and reduce their salaries. Critics see the council as a politicized body whose goal is to remove legal obstacles to the government’s exercise of power.

When the council was set up, the European Commission responded by suing Poland, and thus it was right in the European Court of Justice. For the Commission, the question concerns both the relationship between national law and EU law, and whether Poland adheres to the rule of law in the Union.

The Commission threatened Poland with a fine if it did not implement the European Court of Justice ruling by August 16.

The European Commission has now said it has received Poland’s response and will analyze it.

We’re taking a closer look at the answer before deciding on other possible steps, says company spokesperson Christian Wiegand.