The CJEU rules in favor of the European Commission and deals a new blow to Warsaw’s control over the judiciary
The Court of Justice of the European Union (CJEU) has again ruled against Poland and the control it exercises over its judiciary. In a sentence that has been released this Wednesday, it calls on the European Commission to demand that Warsaw pay a daily fine of one million euros for not repealing the disciplinary regime that it imposes on its magistrates and that has been the subject of dispute with Brussels for months. The High Court obliges to satisfy this amount from the date on which said order is notified to Poland and until the moment in which that Member State complies with the obligations derived from the order that obliged them to repeal the controversial measures (July 14, 2021 ) or until the date of issuance of the final judgment.
“As it has not suspended the application of the provisions of the national legislation” that refer specifically to the jurisdiction linked to the Disciplinary Chamber of the Supreme Court, Poland is obliged to pay the Executive of Ursula von der Leyen the amount cited. It is a question, the judgment argues, of »avoiding serious and irreparable damage to the legal order of the European Union and to the values in which this Union is held, in particular the rule of law«
The ruling addresses the claim that Brussels transferred to the Luxembourg-based court last September. It demanded pecuniary sanctions “to guarantee compliance with the order of precautionary measures of the Court requested under article 279 TFEU (of July 14, 2021).” An order that expressly referred to the aforementioned Disciplinary Chamber of the Supreme Court, which allows it to rule on the lifting of judicial immunity, as well as influence other decisions regarding employment, social security and retirement of judges.
The European Commission also disfigured other provisions of the Disciplinary Chamber, such as those that prevent judges from directly applying EU legislation “that protects judicial independence and referring preliminary decisions on such issues to the Court of Justice,” the claim asserted. a month and a half ago.
Investigation of a magistrate
Brussels carried out this movement after verifying that Poland was not giving full application to the measures demanded of it. Specifically, they relied on a recent circumstance such as the opening by the Polish authorities of an investigation against a magistrate of an ordinary court, which reinforced the idea that “the Disciplinary Chamber continues to function”.
Also last September, a letter of formal notice was attached to Poland for not having adopted the necessary measures to fully comply with a judgment of the Court of Justice (of July 15, 2021) that ruled that the Polish legislation on the disciplinary regime against judges does not it is compatible with EU legislation. “It undermines the independence” of the Polish magistrates “and does not ensure the necessary guarantees to protect judges from political control,” the ruling said.
Three weeks ago the Constitutional Court opened an unprecedented judicial crisis with the EU precisely by not accepting the supremacy of European law in different key articles and against the background of that last dispute. Brussels is currently analyzing the Constitutional ruling and has already threatened to freeze European funds. At the moment it is already delaying the authorization of the more than 30,000 million euros corresponding to the shock plan against the pandemic.
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