Open appeal to the European Commission
The Rafto Foundation has sent and open appeal for resolute response to any failure to comply with rulings of the European Court of Justice by the Polish government
On 14 and 15 July, the Court of Justice of the European Union (CJEU) ruled on some of the components of the comprehensive system of political control of the judiciary in Poland, declaring the Disciplinary Chamber of the Polish Supreme Court to be established and operating in violation of EU law.
The Rafto Foundation appeals for the European Commission to implement the strongest sanctions available to them to ensure respect for the EU Treaty. The CJEU order of 14 July and judgment of 15 July are as clear and comprehensive as one could hope for. The Disciplinary Chamber is not a tribunal established by law, a ruling which is now also corroborated by the European Court of Human Rights on 22 July. The Disciplinary Chamber is not independent and impartial. The activities of the Chamber subject other judges in Poland to politically motivated punishment for their exercise of freedom of expression, for the content of judgments passed, and for presenting questions to the CJEU. Thus, one cannot trust that any judges in Poland are independent and impartial, and especially not in cases where the government's ideological or economic interests are at stake.
Jostein Hole KobbeltvedtExecutive Director
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