According to the lawyer, Polish prosecutors who have lodged a complaint with a particular judge would first have to prove that someone is directly influencing him, which they have not done. The verdict of the EU court is expected in the autumn.
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The EU’s highest court has been approached by the Polish Supreme Court, which is dealing with a dispute over the independence of judges appointed under communism.
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This is part of a wider dispute over the controversial reform of the judiciary, which the Polish governing party Law and Justice (PiS) justifies by trying to get rid of judges appointed by the communist regime.
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However, according to the Polish opposition and the European Commission, parts of the reform strengthen the influence of government politicians on the judiciary and limit its independence.
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According to the Advocate General of the EU Court of Justice, Michal Bobek, the complaint of Polish plaintiffs against one of the judges of the Court of Appeal in Wrocław is unfounded.
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According to Bobek, the undemocratic conditions under which a judge was appointed cannot in themselves call into question his independence.
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“There is really no indication that the national rules referred to by the referring court could have any effect today, even though they have not been in force for several decades, ‘said Bobek.
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According to Bobek, the plaintiffs did not document what kind of person or body could currently put pressure on a judge appointed under communism to influence his decision.
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The opinion of the adviser is not legally binding on the EU court, but in most cases it takes it into account. The court usually issues a decision within a few months of the lawyer’s opinion.
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