NEWS
10/12/2019
12:45
Gersdorf:
Continued Activity by the Disciplinary Chamber Poses a Serious Threat to Legal Order Stability in Poland
- In connection with the Supreme Court's judgment of November 5, 2019, III PO 7/18, which established that the National Council of the Judiciary in its current composition is not an impartial body, independent of the legislative and executive powers, and recognized that the Disciplinary Chamber of the Supreme Court is not a court within the meaning of European Union law, and therefore not a court within the meaning of national law, it must be unequivocally stated that the continued activity of the Disciplinary Chamber poses a serious threat to the stability of the legal order in Poland - wrote Małgorzata Gersdorf in a statement published on the Supreme Court website.
"In order to ensure the protection of the rights of participants in court proceedings, as well as considering the need to avoid deepening legal chaos, following the Supreme Court's judgment of November 5, 2019, III PO 7/18, and the judgment of the Court of Justice of the European Union of November 19, 2019, in joined cases C-585/18, C-624/18 and C-625/18, I call on the judges of the Disciplinary Chamber to refrain from any adjudicatory actions in the cases pending before it. At the same time, I appeal for immediate legislative action to resolve the problems underlying the delivered judgments.
It should also be remembered that the continuation of adjudicatory activities by the judges of the Disciplinary Chamber in cases pending before this Chamber may in the future result in Poland having to pay compensation to the parties of these proceedings for violation of the right to a fair and public hearing by an independent and impartial tribunal established by law (cf. judgment of the European Court of Human Rights in Strasbourg of March 12, 2019, in the case Guðmundur Andri Ástráðsson v. Iceland, application no. 26374/18)"
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