The European Commission (EC) will ask the Court of Justice of the European Union (CJEU) for temporary measures regarding the Disciplinary Chamber of the Polish Supreme Court (SN), seeking the suspension of the contested section of the Polish court.
“The temporary measures will be requested in relation to the EU law violation procedure that the EC has been conducting against Poland,” Jobs and Social Rights Commissioner Nicolas Schmit said during a press conference in Strasbourg on Tuesday.
"The reason for the EC decision is very simple. We had a Polish Supreme Court ruling based on the ruling of the Court of Justice, and yet we noticed that the Disciplinary Chamber continued to operate, creating the risk of irreparable damage," European Commission spokesman Eric Mamer told the Polish Press Agency.
Government spokesman Piotr Mueller, referring to the decision of the European Commission, tweeted that "the government maintains numerous arguments confirming the compliance of solutions with EU law" .
"We also point to the need to ensure effective implementation of justice and to protect EU countries independence on regulations in this area," the government spokesman stated.
Last October, the EC filed a complaint with the CJEU about the Polish disciplinary regime on judges, arguing the move was meant to protect judges from political control.
The EC said the new disciplinary system does not ensure independence and impartiality on the part of the Disciplinary Chamber, whose members have been elected solely by the National Council of the Judiciary, which in turn is manned by parliament in a political procedure.