The Polish president announced the abolition of the disciplinary chamber of the Supreme Court, which the European Union denounces as an attack on the rule of law. But critics point to cosmetic changes.
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End of the argument or window dressing? Polish President Andrzej Duda on Thursday (February 3rd) announced a bill to abolish the Disciplinary Chamber of the Supreme Court, a body at the heart of a years-old conflict with the European Union.
This disciplinary chamber is part of a major overhaul of the Polish judicial system led by the ultra-conservative ruling party, Law and Justice (PiS). The government explains that this reform would be necessary to eradicate the corruption of the judicial system and the legacy of the communist regime. Rather, the EU sees it as a rollback of European democratic standards and an attack on the independence of judges.
“I propose that this room be removed”, said the Polish president, expressing the hope that this reversal will put an end to the dispute with the European Commission. According to this new draft, the controversial body would be replaced by a “chamber of professional responsibility” composed of 11 judges.
This volte-face could be motivated by the financial threat: in October, the Court of Justice of the European Union (CJEU) imposed on Poland a daily fine of one million euros for its refusal to abolish the chamber disciplinary. Warsaw refused to pay this fine, but the European Commission asked last month for payment of the 70 million euros in penalty payments accumulated so far. Brussels has also threatened to withdraw European funds intended for Poland if it persists in its refusal.
Critics were quick to denounce Andrzej Duda’s proposals. “This bill is just an attempt to get money from the EU via a bogus name change, while continuing to violate CJEU rulings”Laurent Pech, professor of European law at Middlesex University, UK, said on Twitter.