On Wednesday 27 January, the European Commission sent a supplementary reasoned opinion to Poland concerning the notorious ‘muzzle law’ on the functioning of the Disciplinary Chamber of the Supreme Court, it said in a press release. This reasoned opinion comes after an additional letter of formal notice was sent on 3 December, adding a new grievance to the infringement proceeding opened last April (see EUROPE 12615/23).
“Poland’s reply to the additional letter of formal notice does not allay the Commission’s fears”, it said. The college of Commissioners has therefore decided “to go to the next stage of the infringement proceeding”.
Poland is infringing EU law by allowing the Disciplinary Chamber of the Supreme Court, whose independence and impartiality is not guaranteed, to take decisions that have a direct impact on judges and the way they exercise their functions, such as the removal of their immunity, social security or retirement.
By conferring these powers on the Disciplinary Chamber with a direct impact on the status of judges, Polish law “compromises the ability of the competent courts to provide effective remedies” and the prospect of judges “having to submit to proceedings before a body whose independence is not guaranteed may affect their own independence”. Poland has one month to respond. (Original version in French by Solenn Paulic)