WARSAW: Europe’s top judge issued a veiled warning to Poland on Thursday over its overhaul of the judiciary, saying there is no place in the European Union for countries that do not have independent courts.

Koen Lenaerts, President of the European Court of Justice (ECJ), made his comments in Warsaw, weeks after Poland’s lower house of parliament approved a draft law that would allow judges who question planned reforms to be disciplined.

The European Commission has said the legislation would imperil the rule of law, deepening a standoff with the governing Law and Justice party in which the EU executive launched legal action in 2019 to try to preserve Polish courts’ independence.

“You can’t be a member of the European Union if you don’t have independent, impartial courts operating in accordance with fair trial rule, upholding union law,” Lenaerts said during a debate at Warsaw University.

The ECJ, the EU’s top court, has in recent years brought multiple cases against Poland over its overhaul of the judiciary, and on other issues such as environmental protection. Brussels has said it could cut funds for a member state that undermines the rule of law.

The nationalist PiS says the reforms are necessary to make the judiciary more efficient and effective.

Published in Dawn, January 10th, 2020

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