Open Letter to the President of the European Commission regarding Poland’s disciplinary regime for judges and the urgent need for interim measures in Commission v Poland
In the context of repeated and escalating attacks on judicial independence by Polish authorities, and of the sustained and overt campaign of harassment against Polish judges, an unprecedented crisis point has been reached in the deteriorating rule of law situation in Poland. Given that the Polish government is now openly contesting the authority of CJEU case law and actively seeking to prevent Polish judges from applying EU law—and this already in the midst of three related pending infringement procedures—fresh action is clearly required. This open letter calls on the European Commission to seek immediate interim measures in connection with the latest infringement action, C-791/19 Commission v Poland, from the European Court of Justice in an effort to preserve what is left of the rule of law in Poland while there is still time left to prevent its full collapse.