Opinion in Case C-204/21 Commission v Poland (Independence and privacy of Judges)

Thursday 15th December 2022

Opinion in Case C-204/21 Commission v Poland (Independence and privacy of Judges)

(Principles of Community Law)

Following the adoption by Poland on 20 December 2019 of a law amending, in particular, national rules on the organisation of the ordinary courts and on the Supreme Court (the Amending Law), the Commission has brought before the Court of Justice an action against this Member State for the infringement of various provisions of EU law.

The Commission asserts that the Amending Law limits or excludes the possibility for a national court to ensure that individuals claiming rights under EU law have access to an independent and impartial tribunal previously established by law. The Commission also claims that, insomuch as the Amending Law conferred on the Disciplinary Chamber of the Supreme Court (the Disciplinary Chamber), whose independence and impartiality are not guaranteed, jurisdiction over matters relating to the status of judges, that law affects the independence of judges whose status is subject to review by the Disciplinary Chamber.

Moreover, the Commission alleges that, by obliging judges to provide information on their public and social activities in associations and non-profit foundations, including membership of a political party, prior to their appointment, and to publish that information, the Amending Law infringes their rights to respect for private life and to the protection of personal data.

Along with its action, the Commission also asked the Court to order Poland, pending the judgment on the merits of the infringement case, to suspend the application of a number of the provisions introduced by the Amending Law. By order of 14 July 2021, the Vice-President of the Court granted the Commission’s application for these interim measures. On 27 October 2021, at the Commission’s request, the Vice-President of the Court ordered Poland to pay the Commission a periodic penalty payment of € 1 000 000 per day until it fully complies with the order of 14 July 2021or, if it fails to do so, until the date of delivery of the judgment in the present case.

Background Documents C-204/21