The Court of Justice of the European Union (CJEU) recently ruled that the Extraordinary Review and Public Affairs Chamber of the Polish Supreme Court “does not constitute a ‘court or tribunal’ for the purposes of EU law.” The Chamber was also deemed not to hold the status of an independent and impartial tribunal because of the manner in which its judges are appointed.
This case was instigated by a Polish judge’s declaration to Poland’s National Council of the Judiciary (KRS). To continue practice beyond retirement, all judges in Poland need to declare this with the KRS. In this instance, the judge’s declaration came after the stipulated deadline. The situation led to an appeal to the Extraordinary Review Chamber, which also holds responsibility for national elections’ validity rulings. The chamber subsequently sought a preliminary ruling from the CJEU.
Appointments to most chambers of the Supreme Court are handled by the KRS, comprising 12 members, inclusive of 15 judges. A reform in Polish law in 2017 made it possible for the Sejm, the highest governing body of Poland, to replace the incumbent 15 judges with their appointees. Consequently, Supreme Court appointments are significantly influenced by the sitting members of the Sejm.
The CJEU, mindful of all intricacies linked with the appointment of judges to the Extraordinary Review Chamber, noted legitimate doubts regarding the independence and impartiality of those judges. The Court took into account the 2017 reforms to the KRS and determined that it lacked the full capability of suggesting independent and impartial candidates for Supreme Court judicial posts.
This is not the first time that Poland has been found to violate laws pertaining to the judiciary. In June, the CJEU declared that Poland’s 2019 judicial reforms infringed upon EU laws on judicial protection and independence. Moreover, the European Court of Human Rights recently determined that the 2017 judicial reforms violated the right to a fair trial of former Polish president and Nobel Peace Prize laureate Lech Walesa.
Reference: JURIST News.