The European Union’s top court has ruled that Poland’s way of disciplining judges is contrary to EU law, further straining relations between the bloc and its increasingly recalcitrant member state.
It was the latest development in a six-year dispute and the second major ruling in a week, coming on the heels of a Polish court saying that temporary injunctions issued by the EU’s top court regarding the national judiciary and the constitution are not binding.
The ruling came after the EU’s executive Commission complained to the court that Poland was digressing from the rule of law cornerstones underpinning the EU treaty. In the case concerned, it believes that independence and the impartiality of Poland’s high Disciplinary Chamber cannot be guaranteed, potentially affecting fundamental judgments, even from the supreme court.
The chamber is composed of judges selected by the National Council of the Judiciary, a body whose own members are chosen by parliament, where Law and Justice holds a majority.
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