Monday

4th Dec 2023

Polish judge on front line of EU clash

  • Tuleya at a rock festival in Poland last year - the 'civic judge' is an outspoken critic of government reform (Photo: Ralf Lotys)

Poland is preparing to prosecute a government-critical judge using new powers the EU says are not compatible with European norms.

The disciplinary chamber of Poland's supreme court is to rule on 20 March whether to waive the immunity of Igor Tuleya following a request by the national prosecutor's office on Wednesday (26 February).

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

The affair could see him suspended from work pending a long trial.

The prosecutor has said he broke the law in 2017 by letting reporters attend a court hearing that was meant to have been closed to the public, revealing secrets and spoiling an investigation.

But Tuleya, who is a fierce critic of Poland's ruling Law and Justice (PiS) party, has said it was political revenge for one of his verdicts - to reopen an investigation into accusations of PiS voting violations on the national budget.

"No information that was not already out in the public was revealed [to the reporters]," he said of the prosecutor's claim on Polish radio on Thursday.

"This is tangible evidence that Poland is no different from Turkey ... I am probably one of the pests that should be eliminated," Tuleya said, referring to Turkey's persecution of government opponents.

He would not go to the disciplinary chamber hearing in March, he added, because the supreme court had earlier ruled that the new chamber had no authority.

PiS created the chamber as part of wider reforms which the European Commission has said undermined judicial independence.

The commission has launched legal challenges at the EU court in Luxembourg and sanctions procedures in Brussels to try stop the changes in Poland.

It declined to comment on Tuleya.

"The [EU] commission is aware of this development [the Polish prosecutor's request for an immunity waiver], but does not comment on individual cases," it told EUobserver.

But the commission has applied to the EU court for "interim measures", ordering Poland to suspend the functioning of the disciplinary chamber until broader issues concerning judicial oversight in Poland have been resolved.

And the hearing at the EU court is scheduled for 9 March, which means that if the EU judges issue an injunction, then Tuleya's disciplinary hearing, 11 days later, would fall by the wayside.

Tuleya, a 49-year old from the Polish city of Łódź, has in the past been labelled an enemy of the state in pro-PiS media and social media and threatened with violence.

But he has continued to publicly campaign against the judicial reforms in a role which he has called that of a "civic judge".

"Perhaps this is not a model known in older democracies in Europe, but I don't think it's at odds with their standards. It may be new and it's very needed here [in Poland]," he told the New York Times in a recent interview.

The Polish foreign ministry declined to comment.

PiS has in the past said its judicial reforms were needed to purge former communist stooges and that the EU has no legal mandate to intervene.

MEPs complain of 'no action' on Hungary and Poland

Five European Parliamentary groups warned EU member states that if they don't act on breaches of EU rules and values in Poland and Hungary, the EU's integrity and credibility will be undermined.

Opinion

Poland's rule of law defiance is an escalating crisis for EU

The PiS government is popular with part of the electorate for understandable reasons. It has provided significant support to families and is collecting taxes more systematically. Its stubborn fight against the rule of law has tarnished such achievements.

Orban's sovereignty bill seen as fresh attack on rule of law

Hungary's new sovereignty law has been criticised by the opposition as 'another dark milestone' for the country's democratic values and the rule of law — and it could bring yet another clash between Budapest and Brussels.

Analysis

How Wilders' Dutch extremism goes way beyond Islamophobia

Without losing sight of his pervasive Islamophobia, it is essential to note Geert Wilders' far-right extremism extends to other issues that could drastically alter the nature of Dutch politics — and end its often constructive role in advancing EU policies.

Latest News

  1. Afghanistan is a 'forever emergency,' says UN head
  2. EU public procurement reform 'ineffective', find auditors
  3. COP28 warned over-relying on carbon capture costs €27 trillion
  4. Optimising Alzheimer's disease health care pathways across Europe
  5. Georgian far-right leader laughs off potential EU sanctions
  6. The EU's U-turn on caged farm animals — explained
  7. EU-China summit and migration files in focus This WEEK
  8. COP28 debates climate finance amid inflated accounting 'mess'

Stakeholders' Highlights

  1. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  2. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  3. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  4. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  5. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  6. UNOPSFostering health system resilience in fragile and conflict-affected countries

Join EUobserver

Support quality EU news

Join us