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Judicial reform: EU opens proceedings against Poland

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The EU commission tightened its course against the national conservative government in Warsaw in the dispute over the Polish judicial reform. Because of the recent law on discipline of judges, the Brussels authority has now initiated a so-called infringement procedure against the country. Justice Commissioner Didier Reynders said on Twitter.

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From the perspective of the EU authority, the law violates EU law. It undermines the independence of Polish judges and does not comply with the primacy of EU law, Reynders wrote. Vice-Commissioner Vera Jourova said there is a risk that the law could “be used, among other things, to control the content of court decisions politically”. Judges from other EU countries should be able to rely on the independence of Polish colleagues.

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The controversial law came into force in mid-February. It provides that judges may face fines, downgrading, or dismissal if they question the decision-making powers or legality of another judge, chamber, or court. Nor are they allowed to be politically active.

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Poland’s government has two months to respond

If Poland If it does not give in, the Commission could sue the country again before the European Court of Justice. Initially, however, the Polish government now has two months to respond in writing to the concerns.

In the past, however, Warsaw was not very insightful. Relations between the EU Commission and the Polish national-conservative governing party PiS have long been tense. PiS has been extensively restructuring the country’s judiciary for years. According to critics, it puts Richter under pressure. The EU Commission monitors compliance with EU law in the international community and has already initiated several procedures.

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For example, in 2019 the European Court of Justice ruled that the compulsory retirement of Polish judges at the Supreme Court and ordinary courts violated EU law. Three weeks ago, the CJEU ruled that the Polish Disciplinary Chamber had to suspend its work because it may not be independent. In 2017, the EU Commission also initiated a legal process against Poland under Article 7 of the EU treaties. Voting rights can thus be withdrawn from a state in the event of violations of EU fundamental rights. However, the process stalled.

Icon: The mirror
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