Poland ‘crossed rubicon’ against EU court injunction

Sallie Anderson

Poland has “crossed the rubicon” with its first political trial of a judge, in infraction of an EU court injunction, Polish judges stated.

The EU Court of Justice, on 8 April, purchased Poland to suspend the work of a brand-new disciplinary tribunal on premises it did not have political self-reliance which its activities would trigger “serious and irreparable harm to the interests of the EU”.

However on Tuesday early morning (9 June), the brand-new tribunal met in Warsaw anyhow.

The disciplinary board, which was packed with patriots of the judgment Law and Justice (PiS) party, pondered, for 3 hours, whether to waive the resistance of a PiS-critical judge called Igor Tuleya.

It chose to maintain his resistance, pending a possible appeal by the nation’s leading district attorney, who is another PiS follower.

Tuleya might be imprisoned for 3 years for supposed procedural infractions in 2017.

On the other hand, Polish diplomats have actually divided hairs on whether the phrasing of the EU injunction used to this case.

However for Polish judges’ association, Iustitia, it was a”clear violation”


” It’s excellent that [Tuleya’s] resistance was not raised. The simple truth the disciplinary tribunal is providing decisions, neglecting the EU Court of Justice, shows us what’s coming next,” it stated in a declaration.

Lots of rank-and-file judges throughout Poland, who suspended day-to-day procedures in demonstration on Tuesday, likewise concurred.

What is most likely to come next, they feared, is that other judges would be taken front of the PiS board if it did not like their decisions.

” If the prosecution wishes to pursue judges for their judgments, then we [Poland] have actually crossed another rubicon” into lawlessness, Grzegorz Gała, a judge from the Polish city of Łódź informed the Onet.pl news website.

“According to the EU injunction, the disciplinary board is not an independent organ … and any one of us might be targeted next,” he stated.

For its part, the European Commission stated on Tuesday:”We are following with concern the actions of the disciplinary chamber”


However it declined to comment on”individual cases”


For judges around Europe, who marched in uniformity with people like Tuleya in Warsaw in January, PiS had “dropped even the pretence of rule of law,” in the words of José Igreja Matos, the president of the European Association of Judges.

And for Tuleya himself, that EU “solidarity” in the face of “political prosecutions” was “very important”.

“The main thing is that the fight for the rule of law, the independence of courts, and independence of Polish judges goes on,” he stated.

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