European court says suspension of Polish judge criticizing government was against EU law

FILE - Judge Igor Tuleya, critical of the right-wing government's overhaul of the judiciary, speaks to supporters outside the Supreme Court in Warsaw, Poland, Wednesday, April 21, 2021. Top European court says that suspension in Poland of a judge who has criticized the government is against European Union's law and the judge should be returned to his duties. The European Court of Justice on Thursday ruled in the case of Judge Igor Tuleya who was suspended in 2020 and had his pay reduced by a judicial disciplinary body that Poland's government had taken under control. (AP Photo/Czarek Sokolowski, File)

WARSAW, Poland (AP) — Europe's top court ruled on Thursday that suspension in Poland of a judge who had criticized the government is against the EU's law and he should be returned to the bench with full pay.

The decision was the latest in a string of European Union decisions ordering Poland's right-wing government to roll back changes to the judiciary that the EU says are in violation of the rule of law.

Judge Igor Tuleya was suspended in 2020 and had his pay reduced by a judicial disciplinary chamber of the Supreme Court, a body created and controlled by the government. The body had been also used against other judges who had defended judicial independence under the Law and Justice party government that has been in power since 2015.

Tuleya had criticised the government’s actions and had turned to European courts for opinions on the disciplinary actions against him. The Polish disciplinary chamber has since been discontinued because the EU said it violated democratic rules.

That fight is part of a larger rule-of-law dispute that's costing Poland big money for ignoring the EU's rulings for judicial independence. from Poland, adding to some half a billion euros of previous fines.

Tuleya has not returned to work because other judiciary bodies controlled by the government have been blocking his reinstatement.

Last week, the European Court of Human Rights ruled that Poland had not treated Tuleya in accordance with the law and ordered the government to pay him 36,000 euro ($40,000) in redress.

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