The European Commission has asked the Court of Justice of the European Union (CJEU) to invoke financial penalties against Poland for failing to implement CJEU rulings declaring its disciplinary system for judges to be in violation of European law and ordering it to be suspended.
“Today the Commission takes Poland to the EU Court,” tweeted justice commissioner Didier Reynders. “We are requesting financial penalties for non-respect of interim measures and asking for the full implementation of the judgment of 15 July. It is my duty…to ensure the independence of European judges.”
In a statement, the commission said that it was seeking “a daily penalty payment on Poland for as long as the measures imposed by the Court’s order are not fully implemented”. The amount would be left for the CJEU to decide.
Today the Commission takes #Poland to the EU Court. We are requesting financial penalties for non-respect of interim measures and asking for the full implementation of the judgment of 15 July. It is my duty, as Justice Commissioner, to ensure the independence of European judges.
— Didier Reynders (@dreynders) September 7, 2021
Věra Jourová, the commission’s vice-president for values and transparency, confirmed that they were seeking financial penalties against Warsaw. She added that the commission is also launching further infringement proceedings to obtain more detail on how Poland plans to reform its disciplinary chamber.
“The rulings of the European Court of Justice must be respected across the EU…to build and nurture the necessary mutual trust between Member States and citizens,” wrote Jourová. “We remain ready to work with Polish authorities to find the way out of this crisis.”
In response, Polish deputy justice minister Sebastian Kaleta accused the EU of launching “an unlawful attack” in an “act of aggression” against Poland. He argued that Germany, Spain, Romania and France have failed to recognise CJEU rulings over the last two years.
Niemcy, Hiszpania, Rumunia i Francja.
To kraje, które nie uznały w ciągu ostatnich 2 lat wyroków TSUE. Rumunia w sprawie sądownictwa.
KE blokuje bezprawnie Polsce fundusze i wnioskuje o kary.
To akty agresji. Organy UE po zatwierdzeniu budżetu UE ruszyły do bezprawnego ataku.
— Sebastian Kaleta (@sjkaleta) September 7, 2021
On 14 July, the CJEU issued an interim measure ordering the disciplinary chamber of Poland’s Supreme Court – controversially established as part of the government’s judicial overhaul and whose legitimacy has been rejected by the Supreme Court itself – to be entirely suspended.
The following day, the CJEU issued a further ruling finding that Poland’s system for disciplining judges introduced in 2017 violates European law and should be “rectified without delay”. Both judgements came in response to cases brought against Warsaw by the European Commission.
The commission then gave the Polish government a deadline of 16 August to explain how it would implement the rulings. While initially suggesting that it was “not planning” to comply, Warsaw progressively softened its tone, eventually declaring it was preparing reforms that would “in a sense meet the expectations of the tribunal”.
The government then met the commission’s deadline, sending a response to the CJEU rulings to Brussels on 16 August. It pledged to “continue reforms of the judiciary” – including “in the areas of judges’ responsibility” – which will be “aimed at improving the efficiency of this system”.
It also noted a ruling by Poland’s Constitutional Tribunal (TK) – issued on 14 July – that found interim CJEU orders relating to the judiciary to violate the Polish constitution. Warsaw reminded the commission of the “principle of national sovereignty”, which makes TK rulings supreme over EU ones.
In a separate case, Poland’s prime minister, Mateusz Morawiecki, earlier this year asked the TK to confirm the supremacy of Poland’s constitution over EU law. Last week, the EU’s economy commissioner, Paolo Gentiloni, announced that concerns over that pending ruling are delaying the disbursement of funds to Poland.
The EU is delaying the release of €57 billion in funds to Poland due to concerns over judicial independence and media freedom, reports @Reuters.
"We are seeking additional clarifications from Poland concerning compliance," says commissioner @VDombrovskis https://t.co/mzy3VaOTh3
— Notes from Poland 🇵🇱 (@notesfrompoland) September 2, 2021
Speaking to the European Parliament’s committee on civil liberties, justice and home affairs last week, Reynders warned that “the rule-of-law situation in Poland and Hungary is not improving” and pledged that the commission “will act decisively if necessary”.
In its statement today, the commission said it believes “Poland has not taken all the measures necessary to fully comply with” the CJEU order to suspend the disciplinary chamber, which has continued to function, and has not provided details of how it plans to dismantle the chamber in its current form.
Poland’s government has, however, accused Brussels of illegitimately interfering in the domestic affairs of a member state, arguing that it has a “colonial” attitude towards eastern EU countries, which it treats differently to western one.
Main image credit: Slawomir Kaminski / Agencja Gazeta
Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.
