Poland must suspend judge discipline panel – ECJ Published duration 8 April

image copyright Reuters image caption Europe's to court said Poland should suspend its disciplinary chamber

The European Court of Justice (ECJ) has suspended the disciplinary chamber of Poland’s Supreme Court over questions about its independence.

The chamber was set up in 2017 by the conservative Law and Justice (PiS) party, to handle disciplinary cases against judges.

Opposition politicians and critics say this is an attempt by PiS to control Poland’s justice system.

Now, the ECJ has ruled Poland must immediately suspend the chamber.

It is the latest development in a long-running row between Poland and the EU over PiS’s radical judicial reforms.

PiS is the governing party in Poland and controls its parliament.

What did the court say?

The European Commission asked the ECJ in January to consider the disciplinary chamber, arguing it was not up to EU standards of judicial independence.

Judges chosen by the National Council of the Judiciary sit on that disciplinary chamber. But the PiS changed the law so that the parliament – which it controls – picks the member of that judicial council.

This ECJ ruling states that the fact judges could be subject to such discipline from the chamber “is likely to affect their own independence”.

And while each country in the EU has the right to organise its own judicial system, this disciplinary system “is likely to cause serious and irreparable harm” to legal order in the EU.

Poland now has one month to comply with the European Commission’s request that the disciplinary chamber be separated from the parliament and from government, while the court makes its final ruling.

After this time, the Commission can ask for a fine against Poland.

What are the judicial reforms?

PiS has introduced rules which mean judges can be punished for “political activity”.

The nationalist party says the reforms are needed to tackle corruption.