Blow to Poland in EU row over disciplinary court

Lapuerta said that, in accordance with settled case-law of the Tribunal, "the principle of the primacy of EU law establishes the primacy of EU law over the law of the member states." Nicolas Bouvy/PAP/EPA

The vice president of the CJEU, on Wednesday, dismissed Poland’s request to repeal the court’s decision on the country’s Disciplinary Chamber of the Supreme Court.

The Court of Justice of the European Union (CJEU) ruled on July 14, 2021 that Poland must "immediately suspend" laws related to the functioning of the Disciplinary Chamber of the Supreme Court. Poland, however, requested that motion be set aside and that the case be referred to the Tribunal for examination.

In the ruling issued on Wednesday, Rosario Silva de Lapuerta dismissed the application submitted by Poland.

In her justification, she stated that, in accordance with the rules of procedure, the vice-president of the Tribunal decides independently on applications for the suspension of the execution of an act or for other interim measures, or immediately submits the motion to the Tribunal.

The vice-president also considered Poland's argument regarding the change in circumstances, which was "apparently based on the fact that the Polish Constitutional Tribunal issued a judgment of July 14, 2021" stating that the CJEU's ruling was contrary to the Polish constitutional order.

Lapuerta said that, in accordance with settled case-law of the Tribunal, "the principle of the primacy of EU law establishes the primacy of EU law over the law of the member states."

The case concerns a series of legislative acts governing the functioning of the justice system in Poland entered into force on February 14, 2020.