|Author (Corporate)||Cardiff EDC|
|Content Type||News, Overview|
Reports and information relating to the infringement procedure launched by the European Commission against Poland over its disciplinary regime for judges, which allows judges to be sujected to disciplinary investigations, procedures and sanctions on the basis of the content of their judicial decisions.
The European Commission argues that the disciplinary regime introduced by the Polish government does not insulate judges from political control and thus judicial independence is violated. For that reason, the Commission addressed on 3 April 2019 a letter of formal notice to Poland's authorities. Following the analysis of the response to the letter, the Commission sent a reasoned opinion on 17 July as the response had not alleviated the legal concerns previously raised. As the country failed to address the concerns again following the opinion, the Commission decided to take Poland to the Court of Justice of the European Union (CJEU) on 10 October.
This process runs in parallel but separate to a CJEU case already ongoing relating to the same disciplinary regime introduced in Poland.
|Subject Categories||Justice and Home Affairs, Law|
|Subject Tags||Judicial Reform, National Law | Legal Systems, Rule of Law|
|Countries / Regions||Poland|
|International Organisations||European Union [EU]|