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18/12/2024
Wednesday
18 December 
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 France, on behalf of 25 EU countries, called for the decriminalization of same-sex relations.
1970 The slavery was abolished in the United States.
1970 the slavery in the United States was abolished.
1970 The anthem of the Russian Empire “God Save the Tsar!” was performed for the first time.
EUROPEAN COMMISSION TAKES POLAND TO COURT OVER CHANGES TO LEGAL SYSTEM
According to TASS, the normative act, which has become the subject of such a serious investigation, came into effect in February last year. According to Didier Reinders, who is responsible for justice in the EC, the normative act is aimed at undermining the principles of separation of powers. If everything is left as it is, Polish judges will be under constant pressure, risking their status on the basis of the decision of the executive branch, whose representatives may not like some of the court rulings.
Reinders recalls that the basic constitutional principles of the European Union presuppose that the immunity of judges is not in the hands of the state, but in the hands of an independent body.
What did upset the European bureaucrats in Polish law so much?
The fact is that the normative legal act introduces disciplinary responsibility for political actions for all persons with judicial status. According to the law, the Polish judge must now report what political views he adheres to and what social media he uses.
What is more, the adopted law prohibits the courts in Poland from addressing the issues of their independence to the Court of the European Union under the threat of sanctions from the Disciplinary Chamber of the Supreme Court. According to the European Commissioner Reinders, the independence of the chamber itself cannot be guaranteed either. This means that judges may be threatened with dismissal, criminal and other prosecution, and reduced wages.
This appeal to the court by the EC is not the first.
In the fall of 2019, the Polish authorities (primarily the Ministry of Justice) have already received claims regarding the norms that reduce the retirement age for judges. Then the conflict was resolved by equating it with other categories of citizens. The decision on whether to extend the term of office of a particular judge after reaching retirement age was ultimately passed on to the Council of Judges, and not to the Ministry of Justice.
The Supreme Court of Poland has previously spoken out on this matter, noting the risks that the country may be excluded from the EU due to the ongoing judicial reform. Experts note that the current appeal of the European Commission against Poland is an unprecedented measure. Previously, similar statements against individual countries were mainly related to technical defects in legislation, but not to the violations of political significance.
