The Commission claims that the changes undermine the judicial independence of Polish judges and is incompatible with the primacy of EU law. Moreover, the Commission says, the changes prevent Polish courts from directly applying certain provisions of EU law protecting judicial independence, and from putting references for preliminary rulings on such questions to the Court of Justice.

“There are clear risks that the provisions regarding the disciplinary regime against judges can be used for political control of the content of judicial decisions,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values.

“This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” she said.

Poland’s ruling Law and Justice party (PiS) has repeatedly rejected the Commission’s criticism of its judicial changes, claiming that the justice system is the sole responsibility of EU member states.

The Polish government now has has two months to respond. Should Warsaw refuse to amend the new legislation, the Commission could sue it in the EU’s top tribunal, the Court of Justice, which could eventually lead to hefty fines as well as a court order telling the Polish government to change tack. This was the outcome in November last year when the Court of Justice of the EU ruled against Poland over a law which forced judges to retire early.

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