The European Commission is once again initiating infringement proceedings against Poland because Warsaw is not complying with European rules on independent judiciary. If the European Court of Justice grants the request, Poland will have to suspend the disciplinary chamber under threat of a hefty fine.
In Poland, for several years now, the rulings of judges have been subject to review by a so-called disciplinary chamber for 'ethical conduct.' In November, the European Court of Justice already informed Poland that this violates European rules and undermines the independence of the rule of law. The Polish government ignored this warning, as well as a related ruling from the Polish Supreme Court.
The Polish disciplinary chamber is one of many judicial reforms implemented by the Polish nationalist ruling party PiS since 2015. The disciplinary chamber can impose fines on judges, demote them, or dismiss them. There is currently an ongoing lawsuit against Poland at the European Court of Justice, initiated by the European Commission.
To limit any potentially harmful activities in the meantime, it is possible to request an 'interim measure' from the Court, as Commission President Von der Leyen has now done. With an interim measure, Poland would have to halt the work of the disciplinary chamber pending the Court’s final ruling. Should Poland fail to comply, the country faces a financial penalty.
The Court has previously issued an interim measure against Poland twice successfully: once to stop the logging of the ancient forest and another time to reverse a pension law for judges.
Imposing a fine (or withholding EU subsidies) via the Article 7 procedure is the most severe tool the EU can use. This can even lead to Poland losing its voting rights in EU ministerial councils. This procedure has been ongoing for over two years. It pertains to the quality of the rule of law and democracy and can continue almost indefinitely. Taking measures under Article 7 is politically sensitive.
The Court in Luxembourg may reach a decision within a few days.