Didier Reynders, the European Commissioner for Justice, is expected in Warsaw where it will discuss the reform of the Polish judicial system, contested by the European Union. But in a more ...

The rule of law in Poland in the sights of Brussels

Didier Reynders, the European Commissioner for Justice, is expected in Warsaw where the reform of the Polish judicial system will be discussed.

Yves Herman Pool / AFP / Archivos

Text by: Romain Lemaresquier Follow

4 min

Didier Reynders, the European Commissioner for Justice, is expected in Warsaw where it will discuss the reform of the Polish judicial system, contested by the European Union.

But in a broader way, it is the rule of law that is threatened in this country according to Brussels.

Since the end of October, and at the request of the European Commission, the Court of Justice of the European Union has decided on sanctions in Warsaw, as long as the government has not complied with a judgment rendered by the same Court which calls for the suspension immediate operation of the disciplinary chamber of the Supreme Court perceived by magistrates as an instrument of political control.

A subject which is therefore the subject of a standoff between Brussels and Warsaw.

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The expected visit this Thursday, November 18 from Didier Reynders will certainly not resolve this crisis.

For the party in power in Poland, the PIS, the Law and Justice party, there is no question of going back on this reform of the judicial system and more precisely on the disciplinary aspect of this reform considered to be not in conformity with European law by Brussels.

According to Pavel Jablonski, Polish Deputy Minister of Foreign Affairs, it is not Poland that is undermining

the rule of law

in this case, but the European Union which does not respect the texts: “

The rule of law endangers Europe in general.
The rule of law is a principle which says that we must observe the law, national and international law, and we should also respect European treaties.
These treaties make it clear that there are certain competences attributed to certain EU institutions, and that if certain competences are not attributed to them, they remain with the Member State.
So if we have a situation where European institutions are trying to extend their competences, then we are facing a threat to the European rule of law.

► See also:

Rule of law: the European Parliament files a complaint against the Commission

Towards more commitments from the European institutions?

Yet if the deputy minister denies that the rule of law is in danger in his country, the facts prove otherwise, said Barbara Nowacka, Polish MP and leader of the party People's Initiative, a feminist training: "

This that 'they want to do is rebuild the biggest court of law, but the group that wants to do this is a group of illegally selected / elected judges to the National Legal Council

”.

Barbara Nowacka pleads for more commitments from the European institutions as well as from other Polish political parties which, according to her, are not doing enough: “

The European Union can put more pressure on Poland to demand the rule of law.
The same is required from parties in Parliament and from civil society in Poland.
It's not just about the judiciary / legal system, it's about the stability of the justice system which targets all citizens, not just Poles, but all EU citizens.

► Also to listen:

Wind of reforms on European justice

The standoff is likely to last

The Court of Justice of the European Union has therefore implemented sanctions with a fine of one million euros per day at the request of the European Commission.

A penalty which is in force as long as the Polish government does not go back on all or part of this reform.

And that's not all, because the European Union is also threatening to block aid funds intended for Poland.

Funding essential to relaunch, among other things, the economy after nearly two years of health crisis.

► See also:

The Court of Justice of the EU sentences Poland to a daily fine of one million euros

Unheard of, according to Pavel Jablonski: “

This is an unprecedented event. Never before have European institutions used this and we think it is a very bad move for the future of the EU, because today it affects Poland, and we are saying very clearly that there are competences which come under our national bodies and that the EU cannot intervene in some of them, and this is the case for all countries. So today, it is happening in Poland, and if it works, works, the process will be repeated in other countries

”.

The showdown is therefore not about to end.

The Polish government is currently ignoring threats and sanctions from the European Union.

And now the subject of a Polexit, that is to say of a possible exit of Poland from the European Union, is on the table, even if the government refuses to admit it.

It must be said that a referendum on the issue would have little chance of succeeding in this country where a large majority of citizens say they are pro-European.

The rule of law in Poland in the sights of Brussels

The rule of law in Poland in the sights of Brussels

Towards more commitments from the European institutions?

The standoff is likely to last

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