Krzysztof Mularczyk
Compromise, rather than confrontation, is the only route to a long-lasting solution.
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Krzysztof Mularczyk
Compromise, rather than confrontation, is the only route to a long-lasting solution.
The government that succeeded PiS has pointed to various Polish and European court rulings finding that such judges hold their positions illegitimately.
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The measures in question were made as part of the PiS government’s contested overhaul of the judiciary.
Many argue that Poland never fully dealt with its communist past, including allowing former communists to remain in positions of authority.
President Andrzej Duda can sign the bill into law, veto it, or send it to the constitutional court for assessment.
The decision was made by a new judicial chamber established as part of its efforts to unlock frozen EU funds.
Małgorzata Gersdorf, who led the Supreme Court from 2014 to 2020, has been a prominent critic of the government’s overhaul of the judiciary.
The three judges refused to sit alongside colleagues appointed after the government overhauled the judicial nomination body.
The Polish government argues that it has complied with the requirement to close its disciplinary chamber for judges.
The Polish government has rejected the ruling, arguing that the European Court of Human Rights “has no competence to rule on whether a court is a court or not”.
The European judges want to “prevent a decision to unblock EU funds for Poland” until concerns over the rule of law are fully addressed.
TVP subsequently broadcast news reports closely matching the request.
Meanwhile, the National Council of the Judiciary has prepared a resolution calling on the CJEU to “suspend activity until doubts as to its independence are resolved”.
Poland’s government has responded to yesterday’s action by the European Commission.