EU dispute with Poland over rule of law escalates: New proceedings against Warsaw

Created: 12/22/2021, 4:06 PM

From: Bedrettin Bölükbasi

In the dispute over European law, the EU has initiated new proceedings against Poland.

© Pawel Supernak / PAP / dpa

The EU Commission is again initiating proceedings against Poland in the dispute over EU law.

This could result in financial sanctions against Warsaw

Brussels / Munich - The EU Commission is taking legal action against the country over controversial judgments by the Polish Constitutional Court on the status of EU law.

The Brussels authority initiated

what is known as an infringement procedure

on Wednesday

, which could end with another lawsuit before the European Court of Justice and ultimately with financial sanctions against Warsaw.

According to the EU Commission, the rulings of the Constitutional Court violate, among other things, the priority and the principle of uniform application of EU law and the binding effect of ECJ rulings.

EU in legal dispute with Poland: Polish constitutional court no longer "independent and impartial"

In addition, the concerns are not limited to a uniform application or the binding effect. The Brussels authority also expressed serious doubts about the independence and impartiality of the Constitutional Court. The reason for this is the process of appointing judges, which, according to the EU, is contrary to European law. According to its latest judgments, the Polish Constitutional Court “no longer meets the requirements of an independent and impartial court”, as provided for in the European treaties, said EU Commissioner Paolo Gentiloni.

The background to the EU decision is, among other things, a ruling by the Constitutional Court from the beginning of October, according to which parts of EU law are incompatible with the Polish constitution. This calls into question a cornerstone of the European legal community. The Polish court had already ruled in July that the application of interim ECJ injunctions relating to the country's judicial system was incompatible with Poland's constitution.

Just one day after the October ruling, EU Commission President Ursula von der Leyen made the position of her authority unmistakably clear: “EU law takes precedence over national law, including constitutional provisions.

All EU member states have subscribed to this principle as members of the European Union. ”The EU Commission will“ make use of all powers that the Treaties give us to enforce this principle ”.

Poland criticizes EU decision: Warsaw emphasizes sovereignty - "attack on our constitution"

However, the national-conservative government in Warsaw does not want to recognize this fundamental primacy of EU law.

On the latest proceedings, the Polish Prime Minister Mateusz Morawiecki told state television that a "trend towards bureaucratic centralization" was being promoted in the EU.

This must be stopped, said Morawiecki.

The Polish Deputy Minister of Justice Sebastian Kaleta criticized the EU as an "attack on the Polish constitution and the sovereignty of Poland".

Brussels wants to "subject the constitutional court in Poland to EU law," he wrote on the online service Twitter.

The Polish ruling party PiS has been reorganizing the country's judiciary for years, regardless of international criticism, thereby putting judges under pressure.

Because of the reforms, the EU Commission has already opened several infringement proceedings against Warsaw and filed suits with the European Court of Justice.

Several reforms were overturned.

Poland threatens financial sanctions: Corona aid for Warsaw is already on hold

In the judgment of the Polish Constitutional Court in October, Prime Minister Mateusz Morawiecki asked the court to review a judgment of the ECJ from the spring.

In the ruling, the top EU judges found that EU law can force member states to disregard individual provisions in national law, even if it is constitutional law.

Poland now has two months to reply.

If this is not satisfactory, Warsaw faces a heavy fine in the worst case.

It was only at the end of October that the Luxembourg court imposed a daily fine of one million euros on Warsaw because the government had not suspended the work of the disciplinary body as ordered.

Since Poland is unwilling to pay, the country threatens to cut its EU aid in line with the fines it has accrued.

In addition, in the legal dispute, Corona aid amounting to 36 billion euros for Poland is on hold.