Odpowiedzialność dyscyplinarna sędziego w Polsce w świetle wyroku TS UE z 15 lipca 2021 r., C-791/19. Aspekty materialne i procesowe

Abstract

Disciplinary liability of a judge in Poland in light of the CJEU judgment of July 15, 2021, case file no. C-791/19. Material and procedural aspects The article analyses the judgment in case file no. C-791/19 (European Commission v. Republic of Poland) in the context of contra legem judicature. It outlines the boundary between disciplinary proceedings, which are inconsistent with EU standards, and the control area necessary to maintain consistency and uniformity in the application of the law and its established interpretation. The article presents a thesis that the way in which the disciplinary liability mechanism protects the shape of established jurisprudence and limits political influence in the judiciary must also create instruments for controlling the actions of judges that are intentional and motivated by bad faith or exceptionally serious and grossly negligent violations of national and EU law. Firstly, the article proposes the creation of instruments of control complementary to the provisions of Article 19(2) of TEU and its interpretation, and secondly, it presents the definition of disciplinary offense in a sufficiently precise manner so as to balance the necessary control of judicature with the threat of excessive political influence.