After Brexit, the “Polexit”?
We are still far from it, but Poland is showing signs of annoyance and a desire for emancipation from the European Union.
This Thursday, its highest court, the Constitutional Court, ruled against the absolute supremacy of European community law.
A historic decision.
What happened ?
The relationship was already far from being in good shape for a few months, but it has deteriorated further in recent days, around judicial reforms undertaken by the nationalist conservative party in power which endanger the rule of law, according to the 'EU.
On Thursday, the Constitutional Court - the highest Polish court - declared that certain articles of the EU treaty were "incompatible" with the Polish constitution.
The Court thus confirmed "the primacy of constitutional law over other sources of law," said government spokesman Piotr Müller.
Rule of Polish law: for Clément Beaune (@CBeaune), "it's an attack on the European Union" pic.twitter.com/zum6zDhC12
- BFMTV (@BFMTV) October 8, 2021
For its part, the EU, through the voice of the European Commissioner for Justice, Didier Reydners, assured that it would use "all the tools" at its disposal to protect the primacy of European law which is "at the heart of the 'Union'.
The decision of the Polish Constitutional Court "calls into question several fundamental principles of the organization of the Union," Didier Reydners ruled on Thursday.
"It is extremely serious (...), it is an attack against the European Union", reacted for his part, this Friday, Clément Beaune, Secretary of State for European Affairs, on BFMTV.
What is the root of the problem?
The disagreement between Poland and the EU stems from judicial reforms undertaken by the conservative nationalist ruling party, Droit et Justice (PiS), which raise fears for both the independence of judges and the rule of law.
In 2019, legislative changes made judges "increasingly vulnerable to political control" while a reform, undertaken between 2016 and 2018 had already "dangerously affected the independence of the judiciary", pointed out last September, a report by the Group of States against Corruption (Greco), one of the organs of the Council of Europe. In particular, judges may be appointed and transferred without consent between different courts or divisions of the same court.
The other stumbling block is the existence of the disciplinary chamber of the Supreme Court, responsible for supervising judges, with the power to lift their immunity to expose them to criminal prosecution or reduce their salaries, which makes fear for the rule of law.
However, "the judicial systems of the European Union must be independent and fair," said Commission President Ursula von der Leyen.
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The latest source of tension, the “zones without LGBT ideology” decreed since 2019 by a number of local authorities, which Brussels considers discriminatory.
On the subject, the Commission launched an infringement procedure against Poland in mid-July.
What are the sanctions ?
The Court of Justice of the EU had asked, during the summer, to put an immediate end to the activities of the disciplinary chamber of the Supreme Court, pending a judgment on the merits.
Poland directly affirmed "not to recognize" this decision, but still agreed to make modifications on the disciplinary chamber "in the autumn".
Not fast enough, for the European Commission.
Believing that the judgment of the Court of Justice of the EU to suspend the disciplinary chamber had not been respected by Warsaw, she asked, in early September, the CJEU to impose financial sanctions on Poland, in the form daily fines.
At the same time, the EU has not yet validated the country's post-Covid recovery plan, which involves 23 billion euros in subsidies and 34 billion euros in cheap loans.
However, the European Commissioner for the Economy, Paolo Gentiloni, warned that the Polish court case could have "consequences" on the payment of this money.
The sum could be released, but under strict conditions in terms of respect for the rule of law.
How is Poland reacting?
Warsaw called the decision of the EU Court of Justice “aggression”.
Government spokesman Piotr Müller added that the execution of the interim measures demanded by the EU "rests with the Supreme Court" and not with the executive or legislative power.
As for the issue of subsidies, the country considers this to be "blackmail".
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However, Poland does not intend to leave the EU.
"We see unequivocally the future of Poland in the European Union," said Jaroslaw Kaczynski, leader of the Law and Justice (PiS) party, in mid-September, while calling for the "sovereignty" of the country and "the end of
interference
by the European Union in its internal affairs ".
Moreover, the Poles are overwhelmingly enthusiastic about the European Union, more than 80% of them supporting membership of the EU, which has granted their country billions of euros in subsidies since its birth. joined in 2004.