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During a press conference on July 20, Supreme Court justice Michał Laskowski, who heads the court’s Criminal Chamber, presented a statement signed by nine members of the Supreme Court Council- The July 15, 2021 ruling of the Court of Justice of the European Union and the earlier July 14, 2021 order should result in the immediate suspension of all actions of the Disciplinary Chamber- judge Laskowski quoted the document, pointing out that "the task of implementing the interim measure belongs in the first instance to the chief justice of the Supreme Court".
- The order issued on 16 July 2021 by the First President of the Supreme Court, Małgorzata Manowska, which allows the Disciplinary Chamber to operate in full, is contrary to the CJEU judgment and constitutes a violation of the law- he emphasized.
Mr Laskowski added that the refusal to convene an urgent meeting of the Supreme Court Council "on the said matter and thus preventing a discussion on this particularly important and urgent issue constitutes a failure to properly exercise the powers of the first president of the Supreme Court".
CJEU: The Disciplinary Chamber should suspend its activity immediately
Following the interim measure issued by the CJEU last week, the Disciplinary Chamber of the Supreme Court is supposed to cease operating immediately - including in cases relating to judges’ immunity. It is yet another blow to the Polish right-wing nationalist government, which is aggressively pushing through its "reforms" undermining the independence of the country’s judiciary. The CJEU judgment came after a complaint brought by the European Commission in 2019.
On the following day, the CJEU ruled that the Polish disciplinary regime for judges is incompatible with EU law.
One day later, the First President of the Polish Supreme Court, Małgorzata Manowska, issued a statement rescinding the CJEU order. "I am deeply convinced that the Disciplinary Chamber of the Supreme Court is fully independent in performing its statutory jurisdiction, and the judges of this Chamber are entirely independent in adjudicating"- Ms Manowska wrote in her statement.
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