The opinion of the Advocate General of the Court of Justice of the EU aims at undermining the credibility of the National Judicial Council, it is also another step towards its liquidation and the return of corporatism in the Polish judiciary, said Deputy Justice Minister Marcin Warchoł.
Opinion of the CJEU spokesperson on the National Court Register
In an opinion delivered on Thursday, the Advocate General of the Court of Justice expressed doubts as to whether the mechanism by which the National Judicial Council authorizes the continuation of the function of Polish judges after reaching retirement age provides sufficient guarantees offers for independence.
According to the Advocate General of the CJEU, the criteria on which “decisions on the continuation of a judge’s office are based are too vague and not verifiable”. judiciary or a compelling public interest.
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Planned EC attack on Poland
Asked for this opinion by the Advocate General of the CJEU, Deputy Minister Warchoł stated that it was a “planned attack by the European Commission against the Polish state at the hands of the CJEU”.
This is a planned attack on Poland, which should lead to the liquidation of our sovereignty. This is also confirmation that they do not stop at the Disciplinary Chamber and reach for the National Court Register
Warhol said.
According to the State Secretary, the opinion of the Advocate General of the CJEU is “also aimed at undermining the credibility of the National Judicial Council”.
This opinion is another step towards overpowering, invalidating and consequently liquidating the democratic KRS and returning to corporatism in the judiciary. The CJEU is here a political instrument of some Polish judges and the opposition
Warhol said.
Under Polish law, judges who wish to continue their duties after reaching retirement age are required to notify the National Council of the Judiciary. The letter of intent must be submitted within the legally stipulated period, in the event of non-compliance the application will be declared inadmissible. The National Council for the Judiciary may agree to continue to hold the office of judge if this is justified, inter alia, by the interests of the judiciary or a compelling social interest.
The Chamber of Extraordinary Audit and Public Affairs of the Supreme Court asked the CJEU whether this solution violates the principle of irremovability and independence of judges as enshrined in the Treaty on European Union.
In his Opinion on Thursday, the Advocate General of the CJEU expressed doubts whether the contested mechanism to authorize the National Judicial Council for the continuation of the post by Polish judges after reaching retirement age provided sufficient guarantees for offers independence.
The Opinion of the Advocate General is an introduction to the judgment. The CJEU may agree, and usually do, but it may also give a very different verdict.
wkt/PAP
Source: wPolityce