The European Commission announced Wednesday to take legal action against Warsaw, following rulings by the Polish Constitutional Court challenging the primacy of European law, a step that could ultimately lead to financial sanctions.
The European executive, guardian of respect for the treaties in the EU, sent a “
reasoned opinion
” to Poland last July, a new step in an infringement procedure launched in December 2021.
arm wrestling
Warsaw's response, "
rejecting the reasoning
" of the reasoned opinion, "
did not allay the fears of the Commission
", which consequently decided to refer the matter to the Court of Justice of the EU (CJEU) of an appeal against Poland, Brussels said in a press release.
The EU has been engaged in a standoff for several years with the conservative nationalist government in power in Warsaw over its judicial reforms, accused of undermining the independence of judges.
The conflict escalated with a decision in July 2021 of the Polish Constitutional Court, under the influence of the ruling party, declaring the CJEU's decisions on Polish judicial reforms unconstitutional.
Read also“Shards of the world” N°9: Poland at the center of the European game
Tensions increased further on October 7, 2021, when the Polish Constitutional Court, seized by Prime Minister Mateusz Morawiecki, challenged the supremacy of European law by finding certain articles of the EU treaties "incompatible" with the country's
Constitution
. .
"
Through these decisions, the Constitutional Court violated the general principles of autonomy, primacy, effectiveness and uniform application of Union law, as well as the binding nature of the judgments of the CJEU", considered
the Commission in its press release.
However, “
the primacy of European law guarantees its equal application throughout the Union
”, she recalled.
Brussels also considers that “
the Polish Constitutional Court no longer meets the requirement of an independent and impartial tribunal previously established by law
”.
daily fine
Poland already has to pay a daily fine of one million euros for failing to implement a CJEU ruling on the disciplinary regime for judges in Poland, a sanction in force since November 2021. The amount of these fines has exceeded to date 440 million euros, part of which is deducted from European funds paid to the country.
A law abolishing a controversial body, the Supreme Court's disciplinary chamber for judges, entered into force in July 2022, but did not satisfy the Commission or lead to the lifting of the sanction.
The Polish president last week seized the country's Constitutional Court with a law on disciplinary matters, supposed according to Warsaw to pave the way for the release by the EU of European recovery funds equivalent to 35 billion euros.
