Thus, according to the CJEU, Poland has again “violated European Union law”. After all, it is obvious that judge A in Poland has the right to question the legality of colleague B’s action, just because the nomination was handed over by a president who does not like A.
It is also indisputable that judges have the right to belong to de facto political organizations, and to do so in secret. This has been ruled by the CJEU.
It is different in the West, in Germany or France. There, a judge who wants to sow anarchy, bomb the justice system, mock the power of the president or the chancellor would be immediately chased away, and rightly so. An attempt to penetrate the justice system by judicial organizations involved in political activity would end in a similar manner. They wouldn’t last long.
They respect each other. Poles, as in the eighteenth century, impose anarchy. They even claim the same thing: after all, it is all for the good of the Poles.
It remains for us to wait for the essential judgment, already visible in broad outline, although not yet fully expressed. It will be a short but clear statement. It will sound something like this:
The existence of an independent, sovereign Polish state is contrary to EU treaties, guidelines, preambles and specific rights. As long as the Polish state defends its subjectivity, it will function in violation of EU law and the case law of the CJEU.
The Union to which we joined no longer exists. There is something very different, and – let’s face it – increasingly brutal. It is becoming increasingly difficult to hope that feints, concessions, compromises, goodwill can prevent a head-on collision. And it’s not independent Poland’s fault.
READ: CJEU on the side of “caste”: “December 2019 reform of the Polish judiciary is against EU law”
Source: wPolityce