CEC Briefs are our daily and weekly reports on a specific current topic of political or regulatory interest provided direct to our clients. The article archive is then posted here for open searches a month after it is sent out to our clients. Please revisit regularly for updated material. If you wish to receive our updates as they are released, please see our Intelligence Offer.

POLAND: ENCJ to assess KRS

The European Network of Councils for the Judiciary (ENCJ) is reviewing the membership status of its Polish member, the State Judiciary Council (KRS). Last week, representatives of the KRS were asked to meet with the networks executive body. Due to the recent statutory reforms of the KRS, which were part of a wider judiciary overhaul, the ENCJ has expressed concerns and requested reassurance that the KRS still adheres to the purposes and statutes of the network. A decision as to KRS’ membership has not been made.
The ENCJ is an organization, which aims to strengthen cooperation amongst European councils and promote independent judiciaries. Still, membership is voluntary; if KRS loses its ENCJ status it is unlikely that further implications will follow. However, the ENCJ’s decision and position on the Polish judiciary reforms may prove another obstacle in the ongoing negotiations about Article 7 sanctions. Concessions made by the Polish government have previously been criticized for being insufficient and superficial. Public criticism of the legal community in Europe may strengthen the arguments of the European Commission and require increased efforts of the government.