A letter, signed by 15 civil society organisations including Amnesty International and the Helsinki Foundation for Human Rights and more than 60 legal academics, urged the EU executive to act before the damage becomes irreparable. [ Ссылка ] It asked the Commission to sue Poland for penalising judges who abide by EU law or question changes introduced by the nationalist coalition led by the Law and Justice (PiS) party.
#eudebates #EU #Commissioner #Poland #VETO
Civil society organisations and legal experts from around the world urged the European Commission on Sunday to sue the Polish government in the EU’s top court for undermining the independence of judges and ignoring EU court rulings.
“We urge you to refer the case to the Court of Justice without more delay and to apply for a broad set of interim measures ... to avoid the usual dilatory tactics of the Polish authorities,” the letter, dated March 28, said.
Poland has been at odds with the EU since the eurosceptic PiS took power in 2015 and started dismantling checks and balances that had made courts independent.
In response, the EU launched a probe into whether Poland was violating the rule of law. But, helped by Hungary which is under the same rule of law investigation, Warsaw has avoided sanctions because they require unanimity among the bloc’s 27 governments.
The Commission has launched several infringement procedures against Poland, but as they drag on, Warsaw continues to introduce more changes, which critics say further remove safeguards of independence.
Ignoring an EU court ruling suspending a Polish panel created to discipline judges, Warsaw has allowed the chamber to function and remove immunity from government critics.
“The Commission considers that Poland violates EU law by allowing the Disciplinary Chamber ... to take decisions,” Commission spokesman Christian Wigand said. “You can expect the Commission to take swift and decisive action.”
[ Ссылка ] #eudebates
Polish PM queries top court about EU law/constitution primacy
Mateusz Morawiecki, the Polish prime minister, has asked the country's Constitutional Tribunal to decide whether the Polish constitution has primacy over EU law.
In early March, Morawiecki said he would make the move after the Court of Justice of the European Union (CJEU) ruled that EU law is superior to the Polish constitution.
"The complaint was filed with the Constitutional Tribunal today," said the government spokesman, Piotr Mueller.
Responding to a query from Poland's Supreme Administrative Court, the CJEU said on March 2: "Should the national court come to the conclusion that the adoption of the 2019 legislative amendments infringed EU law, the principle of the primacy of that right requires that court to refrain from complying with those amendments."
The EU court's ruling could call into question the legitimacy of some of the appointments to Poland’s top courts, and give support to the country’s courts if they wish to challenge the appointments.
Poland's ruling conservative Law and Justice (PiS) party have made a number of changes to the country’s judicial system since taking power in 2015. The party claims they are needed to improve the courts' efficiency but critics argue they are part of an orchestrated plot by Law and Justice to gain influence and control over the judiciary.
The overhaul, according to critics, has effectively banned candidates for top judicial positions from questioning in court decisions made by the National Council of the Judiciary (KRS), a body which is now dominated by political nominees.
The Constitutional Tribunal's ruling on the issue could also add further friction to a dispute between Warsaw and Brussels over adherence to the rule of law by the EU’s biggest post-communist country.
