Communication of Civil Development Forum 33/2019: The Disciplinary Chamber and the new National Council of the Judiciary under the EU pillory: the consequences of the CJEU judgment of 19 November 2019
The ruling of the EU Court of Justice (CJEU) concerning the Disciplinary Chamber and the new National Council of the Judiciary (KRS) is another ruling concerning changes in the Polish judiciary in recent years. It answers only some of the doubts, and further answers are expected in 2020.
In its ruling, the CJEU once again reaffirmed that the organisation of justice in a Member State must comply with EU law, including guaranteeing the independence of the judiciary. Due to the fact that there may be a need to interpret or apply EU law potentially in every case before a court, this applies to all courts in Poland.
In response to the doubts of the Supreme Court, the CJEU indicated that, in order to verify whether the Disciplinary Chamber is an independent court within the meaning of Union law, it should carry out an assessment of the manner in which the new NCJ was established and how it exercised its powers, and in what circumstances the Disciplinary Chamber was established.
Full text of the communication below.