The ECJ says the way the Polish government is transforming the judicial system violates EU law – again. It is not the first verdict in the dispute between Warsaw and the EU Commission. But this decision could have special repercussions.
Poland has suffered a final defeat in a dispute with the EU over the independence and privacy of judges at the European Court of Justice (ECJ). According to a judgment announced on Monday, provisions of Poland’s 2019 judicial reform violate EU law. The judgment from Luxembourg could also have an impact on a penalty payment previously imposed in the summary proceedings.
The background is a lawsuit by the EU Commission from 2021, according to which several Polish regulations violate EU law. As the guardian of the EU treaties, the Commission is responsible for monitoring that countries comply with EU law. She repeatedly sues Germany before the ECJ to enforce compliance with EU law.
The judicial reform in Poland is making the rule of law more difficult
The current dispute involved, among other things, a law on the disciplining of judges. The ECJ has now made it clear: the Polish rules do not guarantee access to an independent and impartial court. This means that the national courts can check whether they themselves or other courts meet the requirements laid down in EU law.
Poland’s national-conservative government has been restructuring the judiciary there for years, despite international criticism. The EU Commission has complained several times about the reforms. Some decisions were overturned by the ECJ.
Because Warsaw refused to implement earlier ECJ judgments, the court finally imposed a fine of one million euros per day within the now decided proceedings. The sentence was halved in the spring because the government has now made some changes to the justice system.
From the EU’s point of view, however, this is not enough. Further proceedings are already foreseeable: In February, the EU Commission again sued Poland for violations of EU law by the Polish Constitutional Court. The procedures are tricky for Warsaw, because a lot of money is now at stake: The EU Commission is holding back several billion euros from the Corona development fund for Poland because it has doubts about the judicial system there.
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Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
