Radical changes to Poland’s judicial system introduced by its nationalist government violate EU law, jeopardizing the independence of judges, the Court of Justice of the European Union (CJEU) ruled on Monday, Reuters reported.

The European Union’s top court on Monday overturned several elements of Poland’s judicial reform for violating the bloc’s democratic principles, adding pressure to the ruling Law and Justice (PiS) party, which faces elections this fall.

The European Court of Justice (ECJ) said on Monday that publishing online declarations of judges’ membership of associations, non-profit foundations or political parties violates their right to privacy and can be used to influence them.

The Luxembourg court included this element, along with several others, in the PiS trial, which undermined the independence of judges and thus undermined the rule of law.

“The Polish judicial reform from December 2019 violates EU legislation,” the court said in a statement. “The value of the rule of law is an integral part of the identity of the European Union.”

Poland’s deputy justice minister, Sebastian Kaleta, quickly dismissed the decision as a “deceit.”

The case was brought by the European Commission, which represents the EU’s executive branch, which manages the bloc’s budget and is tasked with applying common laws across all 27 member states. The lawsuit was supported by Belgium, Finland, Denmark, Sweden and the Netherlands.

The decision is final, which means that Poland must now change the elements of its judicial structure that the CJEU found illegal. If Warsaw fails to do so, the Court of Justice of the EU may impose additional financial penalties.

What fines did Poland pay due to its judicial reform

In 2021, the Court of Justice of the EU ruled that the broader system introduced by PiS to police Polish judges was also against EU law. He later imposed daily fines of 1 million euros to get Warsaw to suspend the Court’s Disciplinary Chamber, which allowed judges to be sanctioned for their sentences.

Last April, the fines were reduced to 500,000 a day after Poland made some amendments, and the court acknowledged that Polish authorities had implemented partial – albeit insufficient – ​​reforms to restore the independence of judges.

The confrontation with the European Court of Justice cost Poland 557 million euros in fines, Polish media reported, Politico reports.

Polish EU Affairs Minister Szymon Szynkowski vel Sek said some of the issues flagged by the CJEU had already been addressed. “This disputed legal status has undergone significant changes, changes have been made to it,” he told reporters.

However, PiS critics at home and abroad say the sweeping changes have exposed Polish courts and judges to direct political interference. They also condemn PiS for restricting the rights of women, LGBT people and migrants.

The European Commission has blocked Warsaw’s access to EUR 35.5 billion in recovery funds after the pandemic.