CJEU: The Disciplinary Chamber is not a Court

On the 15th of July 2021, the Court of Justice of the European Union issued a judgement in which it stated that the Polish disciplinary responsibility of the judges is not compliant with the EU law due to the fact that it does not ensure independence of the Disciplinary Chamber.

In a weekly news magazine "Newsweek", attorney-at-law Maciej Prusak, Partner at BSJP, has been asked to comment on this judgement. He emphasized that the judgement in question indicates lack of judiciary authority of the last instance before which an attorney-in-fact can pursue their claims:

"The CJEU's judgement regarding attorney-at-law Reczkowicz, challenging the jurisprudential power of the Disciplinary Chamber of the Supreme Court, could be interpreted to mean that there is no judicial body of last instance in the Polish legal system before which an attorney-at-law could defend their rights with respect to the disciplinary allegations. This results in a jurisdictional void leading to a risk that the attorneys-in-fact may lose their professional qualification without any judicial review. Consequently, this weakens the position of the Polish attorney-at-law who, in comparison to attorneys-at-law from other Member States, may be disqualified from providing legal assistance without judicial review"

Read the full article HERE.