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Parliamentary questions
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22 December 2020
Question for written answer  E-007020/2020
to the Commission
Rule 138
Sylwia Spurek (Verts/ALE), Patrick Breyer (Verts/ALE), Saskia Bricmont (Verts/ALE), Alviina Alametsä (Verts/ALE), Katrin Langensiepen (Verts/ALE), Magdalena Adamowicz (PPE), Giuliano Pisapia (S&D), Olivier Chastel (Renew), Konstantinos Arvanitis (GUE/NGL), Gwendoline Delbos-Corfield (Verts/ALE), Łukasz Kohut (S&D), Tineke Strik (Verts/ALE), Rosa D'Amato (Verts/ALE), Niklas Nienaß (Verts/ALE), Markéta Gregorová (Verts/ALE), Evin Incir (S&D), Michal Šimečka (Renew), Anna Júlia Donáth (Renew), Terry Reintke (Verts/ALE), Diana Riba i Giner (Verts/ALE), Marie Toussaint (Verts/ALE), Michael Bloss (Verts/ALE)
 Answer in writing 
 Subject: Judicial immunity under threat in Poland

On 18 November 2020, the Polish authorities committed yet another flagrant violation of judicial independence. The so-called Disciplinary Chamber of the Supreme Court decided to revoke the immunity of Judge Igor Tuleya, suspend him from professional duties for an indefinite period and reduce his pay for the duration of the suspension. Consequently, Judge Tuleya will face criminal charges of failing to fulfill his duties and overstepping his authority.

1. Regardless of the CJEU order on the Disciplinary Chamber (C-791/19) and despite numerous calls from Polish judges, European judges, and even the Polish judge in the CJEU, the Disciplinary Chamber continues to exercise judicial function. Why does the Commission fail to submit an additional request to the CJEU seeking an order for payment of a fine?

2. Despite the CJEU judgment on the independence of the Disciplinary Chamber (C-585/18, C-624/18 and C-625/18), the Disciplinary Chamber itself claims that the CJEU judgment is not binding on the domestic legal order. What measures have been taken by the Commission in response to this issue?

3. Why is the Commission hesitating to launch infringement proceedings regarding the situation of judiciary bodies that lack independence, such as the National Council of the Judiciary, the Constitutional Tribunal and the Extraordinary Chamber of the Supreme Court?

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