Poland to answer to EC about judges' disciplinary chamber on Monday, PM says

The European Commission will receive a comprehensive response by the end of the day to a ruling by a top EU court calling for the suspension of the Disciplinary Chamber of the Supreme Court, Prime Minister Mateusz Morawiecki said on Monday.

August 16 is the deadline for the Polish government to respond to a European Commission (EC) demand that Poland complies with a ruling by the Court of Justice of the European Union (CJEU) calling for the suspension the Chamber, which it found incompatible with EU law.

The EC asked the government to confirm whether it will implement the CJEU ruling and warned that a fine could be imposed if Poland fails to do so.

Morawiecki told a press conference on Monday that an answer is being prepared and "will be submitted to the European Commission by the end of the day in due course."

"We do not make this information public in the media because it is a good rule that the addressee should first be able to read what is in our answer," he added.

In mid-July the CJEU ruled the chamber is incompliant with EU law and ordained Poland to suspend it.

But in response, Poland's constitutional court ruled that EU laws that gave the CJEU the power to rule on the Polish justice system violated the Polish constitution, so therefore Poland could not implement its verdict.

On August 5, Malgorzata Manowska, the first president of the Supreme Court, issued two orders partially freezing the Disciplinary Chamber. She said that no new judicial disciplinary and immunity cases will go before the chamber until legislative changes are introduced or until the CJEU issues a final verdict on the matter.

The orders set a final date of November 15 for this suspension.

Jaroslaw Kaczynski, leader of Poland's ruling Law and Justice party, told PAP on August 7 that the Disciplinary Chamber for judges will be shut down "in its current format" and "this will remove the subject of the dispute."

Kaczynski said the first bills on a new disciplinary regime will be put forward by the government in September, without specifying what new measures the ruling party intends to introduce.