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EU top court rules against Polish judge secondment system

On Tuesday, the European Court of Justice (CJEU) ruled that Poland’s system of seconding judges to higher criminal courts was incompatible with EU law.

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The ruling could further complicate Poland’s fractious relationship with Brussels over an overhaul of the judicial system by the Polish government, which has prompted allegations that it is intent on undermining the rule of law and the independence of judges.

In its ruling, the court particularly criticised the empowerment of the justice minister to second judges to the courts and recall them at will.

“EU law precludes the regulations in force in Poland which permits the Justice Minister to second judges to higher criminal courts; secondments which that minister – who is also the Public Prosecutor General – may terminate at any time without stating reasons,” the court wrote.

#ECJ: The regime in force in #Poland which permits the Minister for #Justice to second judges to higher criminal courts is contrary to #EUlaw #RuleOfLaw

— EU Court of Justice (@EUCourtPress) November 16, 2021

In a swift riposte to the ruling, Sebastian Kaleta, a Polish deputy justice minister wrote on Twitter that the CJEU’s verdict is “a further attempt by the EU to destabilise the legal system in Poland.”

He added that the questioned institutions are present in many other EU states and did not constitute a part of the judiciary reform launched after 2015.

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