EU takes rule of law in Poland to Court of Justice

In the European Union, the Commission is the guardian of the Treaties.

REUTERS - YVES HERMAN

Text by: RFI Follow

3 min

The Polish law on the judiciary in force since February 2020 has been in the crosshairs of the European Commission since the opening of infringement proceedings against the country last April.

The independence of the judiciary in Poland has been a subject of recurring concern since the PiS party came to power in 2015. The country has been subject to European proceedings since 2017 for “serious deterioration of the rule of law, of democracy and fundamental rights ”.

The Commission shifts into high gear and refers the case to the Court of Justice of the EU.

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With our correspondent in Brussels

,

Pierre Benazet

In the European Union, the Commission is the guardian of the treaties, it must ensure that they are respected by the member countries;

it therefore acts as guardian of the rule of law.

According to her, the Polish law on the judiciary is incompatible with the European treaties because it does not allow the independence of the judiciary.

Judges are liable to be suspended and have their immunity lifted by the Polish Supreme Court, whose independence and impartiality are not guaranteed.

“ 

The Commission considers that the contested legislation undermines judicial independence in Poland and is incompatible with the rule of Union law,”

says Didier Reynders, European Commissioner for Justice.

The Commission will also ask the court for interim measures.

Without such measures, Poland could continue to apply the contested provisions of the Law on the Judicial System.

This creates a risk of serious and irreparable damage to the independence of the judiciary in Poland and to the legal order of the Union.

Polish judges are European judges.

 "

Poland contests the very basis of this decision of the Commission, but the latter considers that the independence of judges is constantly deteriorating.

In the European Parliament, the centrist group is calling for the activation of the mechanism which suspends the payment of European funds in the event of failure to respect the rule of law.

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See also: Rule of law: Poland lifts the immunity of a judge opposed to government reform

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  • European Union

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