The disciplinary chamber of the Supreme Court does not exist, the judges “martyrs”, ie Tuleya and Ferek, have ruled for a long time, so the subject of the dispute between Poland and the European Commission no longer exists. So much for the facts, and the rest is pure politics and a desperate attempt to change the government in Warsaw. This is the only way to interpret the EC’s decision to continue imposing fines for Poland’s alleged application of the provisions on disciplining judges.
READ ALSO: KE doesn’t let go! It rejects Poland’s request to stop charging fines imposed by the CJEU. In the background the amendment of the Supreme Court Act
You don’t have to be a lawyer to know that the case of the Disciplinary Chamber and the decision of the CJEU of July 2021 (unconstitutional under Polish law and the jurisprudence of the Constitutional Court) is a non-existent problem. The hasty decision to liquidate the Disciplinary Chamber, the mass (tape) reintroduction of anarchist judges into the judiciary solved the problem artificially created by the CJEU. Meanwhile, the European Commission has no intention of letting go and continues to impose fines for a non-existent problem.
The European Commission spokesman (Christian Wiegand) also said that the European Commission has rejected the request of the Polish authorities regarding sanctions. The EC has carefully analyzed the arguments in the letter of 3 November and as a result of this analysis, the EC still considers that Poland has still not fully implemented the CJEU ruling
– reports Radio RMF.
Two years have passed since the bizarre, incompatible with Polish law operating outside the powers of the CJEU ruling. At that time, the Supreme Court law was amended several times (with disastrous consequences for the Polish judiciary). The Disciplinary Chamber disappeared and was replaced by the Facade Cabaret Chamber of Professional Responsibility. It’s not the end. Today, any judge can challenge the status of another judge, an “independence test” has been introduced anarchizing the entire system, activists in robes such as judges Tuleya, Juszczyszyn and Gąciarek have returned to trial, and the Polish government has prepared another amendment that went to the Constitutional Tribunal, because there was no way to accept it “on the way”, which I wrote about and warned many times.
The Constitutional Tribunal, wracked by internal disputes, is now working on the next amendment to the law on the Supreme Court – although both parties to the dispute have assured that they are ready to work on the amendment. President Andrzej Duda’s veto was understandable and the Constitutional Tribunal is obliged to deal with this matter without undue delay. The pro-state attitude of the President of the Constitutional Court, Julia Przyłębska, and her commitment to the letter of the law give hope that the Tribunal is up to the task. However, this does not mean that it will operate under the dictates of the European Commission, the CJEU, the “caste” of judges, the government and the undersigned. It will decide if case law and legal arguments allow. There could be some big surprises here. However, this is a song of the future and it would be inappropriate to comment here on the future ruling of the “last word court”.
Now is the time to ask the question about the European Commission’s real goals. It is, of course, about denouncing the conservative government in Warsaw and a vulgar attempt to influence the upcoming parliamentary elections. It is also a desperate attempt to support Donald Tusk, the envoy of the Berlin-Paris agreement to Poland, who is weakening in the polls. This is obvious, but worth reminding every day. It is also a clear sign for the government: the “thousand Vietnamese” tactic used by the European Commission against Poland will not only last, but also intensify. In Brussels they are in a hurry, because all over Europe the Conservatives are on a roll and they are winning the next elections. Finally, I would like to wish the United Right patience and not succumb to unnecessary pressure. You must resist this attack. Elections in six months. Everything is possible.
Source: wPolityce