The European Commission on Wednesday said that it was taking Poland to the European Court of Justice (ECJ) for manipulating its legal system to undermine the country’s judicial independence. The body—which is the executive arm of the European Union (EU)—further asked the top court to issue interim guidelines suspending a controversial 2019 Polish “Muzzle Law” until it makes a final judgment in the case.
The law in question—which came into effect in February last year—establishes a disciplinary chamber (filled with government loyalists) to oversee Polish judges and prevents them from applying EU law. EU Justice Commissioner Didier Reynders told reporters in Brussels that the idea of judges facing a group whose independence was not guaranteed “infringes upon the independence of the judiciary in Poland,” and that it was “incompatible with the primacy of the law of the Union.” The legislation also allows this chamber to lift judges’ immunities to bring criminal proceedings against them, order their suspension, and reduce their salaries. So far, three supreme court judges have been suspended due to their critique of the new rules and other justice ministry policies.
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Unsurprisingly, the decision drew a harsh response from Polish authorities, who said that the commission’s request to the ECJ had “no legal and factual justification.” Government spokesman Piotr Müller said on Twitter that “regulation of the area related to the administration of justice belongs to the exclusive national domain,” and that Polish laws did “not differ from the standards in force in the EU.”
However, EU Commissioner for Values asserted that though member states were free to reform their justice systems, they had to do it without violating EU treaties. “Polish judges are also European judges,” she said, adding, “They apply EU law and contribute to the mutual trust on which Europe is built.”
Wednesday’s move marks another escalation in the friction between EU and Poland, who have been at odds over the country’s judicial independence since 2017. The referral is part of a long-running pressure campaign by the bloc to bring nationalist governments like Poland and Hungary back into compliance with values it deems fundamental to its identity. In recent months, the countries have clashed over respect for rule of law, culture wars against LGBTQ+ and women’s rights and migration, all of which have only worsened amidst the COVID-19 pandemic. Additionally, last week, EU leaders sent a letter to European Commission chief Ursula von der Leyen warning of the erosion of rule of law in Poland, saying that if it was not countered, it could lead to the “collapse” of the Union.