On Wednesday 3 April, the European Commission launched a new infringement procedure against Poland, which is already facing a procedure under Article 7 of the Treaty on the Rule of Law.
The letter of formal notice to the Polish authorities concerns new disciplinary measures for judges. These measures “compromise the judicial independence of Polish judges by failing to provide the necessary guarantees to protect them from political control, as required by the Court of Justice of the European Union”, the Commission asserts.
In particular, these measures cover the content of decisions taken by common court judges, such as those involving the referral of a question to the EU Court of Justice for a preliminary ruling. As a result, they may be subject to disciplinary proceedings and penalties.
The Commission has already expressed concern in the past about the sanctions that Polish judges face when they speak negatively in public about the reforms under way.
These new measures were introduced at the same time as the Supreme Court Act of July 2018, which was referred to the Court of Justice of the EU (see EUROPE 12161/25). According to the Commission, it does not guarantee the independence and impartiality of the disciplinary chamber of the Supreme Court, which is responsible for reviewing decisions on disciplinary measures.
This chamber is composed only of new judges chosen by the National Council of the Judiciary, whose members are appointed by the Polish Parliament.
For Commission Vice-President Frans Timmermans, these measures “put at risk” the ability of Polish judges to do their work independently. Warsaw has two months to reply to the letter of formal notice. (Original version in French by Solenn Paulic)