European Union top court again rules against Poland in rule-of-law case

Ruling on the Polish Justice Minister’s powers to endorse judges for high criminal courts and to end their terms, the European Court of Justice said “EU law precludes the regime in force.”

The European Union’s highest court ruled on Tuesday that Poland’s government has too much influence over judges, the latest EU court decision to question changes made to the country’s judicial system.

Ruling on the Polish Justice Minister’s powers to endorse judges for high criminal courts and to end their terms, the European Court of Justice said “EU law precludes the regime in force.” The court said the system whereby the Justice Minister is also the public prosecutor general and may terminate at any time a judge’s term without stating a reason impedes the independence of the judiciary and gives reasonable doubt about the judge’s impartiality.