Written by Haim Ravia and Dotan Hammer
The Court of Justice of the European Union (CJEU) struck down portions of the judiciary reform in Poland relating to the collection and publication of personal information about judges, holding that these provisions violate privacy and data protection laws and constitutional principles of the European Union.
The CJEU’s decision was issued in a lawsuit filed by the European Union Commission against Poland in 2021. The Commission challenged the legal reform in Poland, which purported to enhance the independence, impartiality, and autonomy of judges, but raised concerns of violating fundamental legal principles within the European Union.
Among the provisions of the judiciary reform, judges in Poland were required to disclose to the government their affiliations with associations, non-profit organizations, and political parties. The information would then be publicly disclosed.
The CJEU held that such disclosure violates the judges’ fundamental right to privacy and protection of personal information. The court ruled that the publication of this information did not serve the declared objective of strengthening the independence of judges, but instead violated their privacy by revealing their political positions and religious beliefs. As per the CJEU, the publication of such information could stigmatize judges and have a detrimental impact on their public reputation without justification. The CJEU found that these provisions in the judiciary reform in Poland violate both the GDPR, and the Charter of Fundamental Rights of the European Union, which is the constitutional bill of rights of the European Union.
Poland is now required to comply with the CJEU’s judgment. If Poland fails to do so, it faces financial penalties.
Click here to read the CJEU’s judgment in Case C‑204/21 European Commission v. Republic of Poland.
Click here to read the CJEU’s Union Press Release.
