• EU "Third World War": the umpteenth Polish provocation

One million euros. That is the amount that the Polish government will have to pay each day to the European Commission until it complies with the requirements set on the disciplinary chamber of the country's Supreme Court. The Commission had requested it, because it considers that it

threatens the independence of the magistrates

, the Court of Justice of the EU had already demanded it and that is what Prime Minister Mateusz Morawiecki had already committed to, but while the legislative decision is delayed the counter will continue to rise .

This is what the high court of Luxembourg has stipulated today to force the hand of the Polish Executive, which continues to delay an imperative decision. Although the case dates back to 2019, the dispute officially started on February 14 of last year, when the law put forward by the Polish Government came into force that stipulates the creation of a disciplinary chamber within the Supreme Court itself. The Commission, with the legal backing of the CJEU (which says that nothing can fall under the umbrella of a court that is not independent or impartial) considered that the legislation violated the Treaties and sued. Brussels also requested and obtained precautionary measures, to prevent the implementation of the mechanism from having irreparable consequences on the careers of some judges and on the independence of the national court.

Considering that Poland was ignoring its obligations, the Commission asked the CJEU to impose a daily fine as a form of pressure, and today the institution has responded by imposing a payment of one million euros per day, from the day on which Poland officially receives this notification until it "complies with the obligations" set this summer or, failing that, until the high community court itself delivers its final ruling on the general dispute with Poland.

The vice-president of the CJEU, who is the one who has imposed the punishment, explains that the Polish demand that the decision be made by the Court as a whole, and not only by the vice-president himself, has no place, since the rules leave the decision to the magistrate. Regarding the case itself, which affects these provisional measures, it considers that "it cannot be estimated, based on the documentation submitted by Poland, that the

measures adopted by the Government are sufficient

to implement the provisional requirements required (...) The vice president considers that the provisions of Polish law can still be applied, "which contradicts Luxembourg's orders, which seek to avoid" serious and irreversible damage. "

Given the circumstances, the Vice-President of the CJEU "considers that it seems necessary to reinforce the effectiveness of the provisional measures imposed by the order of July 14, 2021 by establishing the imposition of a daily payment to Poland in order to dissuade said Member State from delay the adaptation of said order ".

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