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European Court of Justice: EU Commission sues Poland over judicial law

2021-03-31T10:23:00.889Z


The EU Commission is tightening its action against the Polish government: The Brussels authority is filing a complaint with the European Court of Justice over Poland's controversial judicial law.


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EU Commission Vice-President Věra Jourová: Lawsuit against Poland

Photo: YVES HERMAN / REUTERS

The rule of law conflict between Brussels and Warsaw is escalating: The EU Commission has filed a lawsuit against Poland with the European Court of Justice (ECJ).

The judicial law, which came into force there in February 2020, undermines the independence of Polish judges and contradicts the primacy of EU law over national law, as stated in a statement by the Commission that was submitted to SPIEGEL in advance.

According to the Commission, the law prevents Polish courts from implementing certain provisions of EU law protecting the independence of the judiciary and from turning to the ECJ in such cases.

In addition, Poland is violating EU law by letting the disciplinary body of the Supreme Court - whose political independence is not guaranteed - continue to work.

The chamber has a "direct effect" on judges, since it decides, among other things, on the lifting of immunity for criminal prosecution, on suspensions and cuts in salaries.

The Commission continued that the mere prospect of proceedings before a politically non-independent body could influence the independence of judges.

The Commission wants to apply to the ECJ for an interim injunction to stop the work of the disciplinary body as quickly as possible and thus avert "serious and irreparable damage" to the independence of the judiciary and the legal order of the EU as a whole.

In addition, according to the Commission's motion, the ECJ should suspend the effects of previous decisions by the disciplinary body.

The ECJ had already ordered in April 2020 that Poland must suspend the application of the judicial law.

In the same month the Commission opened infringement proceedings against Poland.

In both cases, however, the success was limited.

Commission Vice-President Věra Jourová expressed her "deep concern" about the actions of the Polish government against the independence of the judiciary.

Despite the decisions of the ECJ and numerous attempts by the Commission to resolve the problem, the pressure on judges in Poland is increasing.

That is why it has now been decided to bring the Polish government to the ECJ again.

National governments could of course reform the judiciary.

"But they have to respect the EU treaties," said Jourová.

In Poland, the national-conservative Law and Justice Party (PiS) took power in 2015 and since then has not only undermined the independence of the judiciary, but has also filled switching points in the authorities with loyalists, converted state media into propaganda channels and curtailed the rights of minorities.

Source: spiegel

All news articles on 2021-03-31

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