(Source: Court of Justice of the EU)
A national court must, if necessary, disregard the national legislation on the attribution of
jurisdiction as well as the rulings of a higher court if it considers that they are incompatible with EU
law, in particular with the principle of judicial independence
In July 2017, the Prokurator Krajowy – Pierwszy Zastępca Prokuratora Generalnego (Public
Prosecutor – First Deputy of the General Prosecutor) (‘the National Prosecutor’) requested the
Rzecznik Dyscyplinarny Izby Adwokackiej w Warszawie (Disciplinary Agent of the Bar Association
in Warsaw) (‘the Disciplinary Agent’) to initiate disciplinary proceedings against R.G., the lawyer of
the former President of the European Council, Donald Tusk. In the view of the National Prosecutor,
the statements made by that lawyer when publicly commenting on the possibility of his client being
charged with a criminal offence amounted to unlawful threats and disciplinary misconduct. Twice,
the Disciplinary Agent either refused to initiate such proceedings or decided to discontinue them.
Twice, the Sąd Dyscyplinarny Izby Adwokackiej w Warszawie (Disciplinary Court of the Bar
Association in Warsaw) following an appeal lodged by the National Prosecutor or the Minister of
Justice, overturned those decisions and remitted the case back to the Disciplinary Agent.