Poland to dissolve disciplinary chamber of judges to meet EU demands – .

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Poland to dissolve disciplinary chamber of judges to meet EU demands – .


WARSAW, Aug. 7 (Reuters) – Poland will end a disciplinary system for judges which the EU’s highest court says violates EU law, the ruling PiS party leader has said with the aim to dispel a dispute that could result in sanctions against the country.

Poland faces an August 16 deadline set by the European Commission to dissolve the disciplinary chamber, which the EU says is used to pressure judges or exercise political control over court decisions, and undermines the laws of the block.

“We will dissolve the Disciplinary Chamber as it currently functions and thus the subject of the dispute will disappear,” said Jaroslaw Kaczynski, leader of the ruling Law and Justice (PiS) party and deputy prime minister, in an interview published on Saturday. with the public press agency PAP.

Under PiS, Poland clashed with the EU on several fronts, such as media independence and the rights of migrants, women and gays.

Some legal experts claim that dissolving the disciplinary chamber would be a cosmetic change that would not be enough to satisfy the EU’s highest court.

“The mere dissolution of the Disciplinary Chamber does not solve the problem of past and illegal decisions and sanctions adopted by this body,” said Laurent Pech, professor of European law at Middlesex University in London.

“If they want to comply with EU law, it’s pretty straightforward. They have to undo everything they have done in the last five years, there is no other way, ”added Pech, referring to a series of measures such as reforms of the Constitutional Court, which will rule this month on the primacy of the Polish constitution over European treaties.

POSITION WITHOUT COMPROMISE

While the Tribunal is theoretically independent, most of its judges have been appointed by the PiS, some to replace candidates chosen by the opposition but whose appointment was refused by President Andrzej Duda, a party ally.

The PiS-led ruling coalition is divided over whether it should stand firm on its legal reforms or compromise to avoid risking financial sanctions.

Members of the junior coalition partner United Poland, led by reform architect Justice Minister Zbigniew Ziobro, have taken a tough stance.

Asked in an interview published on Friday whether united Poland would remain in the coalition if Poland accepts the decision of the EU’s highest court, Ziobro said there were “limits to compromise”. Read more

Kaczynski said reform of the judiciary, including a proposal to change the disciplinary chamber, had already been planned, but rejected the decision of the EU’s highest court.

“I do not recognize these kinds of decisions because they clearly go beyond the treaties and extend the jurisdiction of European courts,” Kaczynski said, adding that the government would present its first House reform proposals in September.

PiS spokespersons did not immediately respond to questions about the details of the planned reforms.

The president of the Polish Supreme Court partially froze the disciplinary chamber on Thursday, saying that no new cases would be submitted to him until legislative changes were introduced or the Court of Justice of the European Union (CJEU) rendered a final verdict on the matter. Read more

Reportage couples Alicja Ptak Montage par Alan Charlish et David Holmes

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