The Court of Justice of the European Union confirmed on Monday (5 June) that Poland had refused to comply with EU rules on judicial independence, with the implementation of its justice reform in 2019. A decision denounced by the Polish Minister of Justice, Zbigniew Ziobro, who described it as "corrupt".
"The reform of the Polish judiciary of December 2019 infringes Union law," the Court said, particularly in its section relating to the disciplinary system of judges and their independence. This judgment was immediately welcomed by the European Commission, which had stated that the Polish Supreme Court did not have the independence and impartiality necessary for its proper functioning.
"This is an important day for the restoration of an independent judiciary in Poland," commented the European Commissioner for Justice, Didier Reynders, indicating that the Polish law "undermined the independence of judges".
"After today's decision, the law on the judiciary will have to be adapted accordingly," he added, stressing that the CJEU's decision "definitively settles the issue" and urged the Polish authorities "to fully comply with the ruling".
In 2021, the CJEU fined Poland one million euros a day to stop the activities of the disciplinary chamber of the Supreme Court, a key institution in a controversial reform of the Polish judicial system. To date, these fines have exceeded €550 million.
Poland has always refused to pay these fines, but Brussels has taken part of them from funds intended for Poland. The European Court's ruling lifts the financial penalty as of 5 June, but Poland still has to pay the sums due for the past.
Arm wrestling between Warsaw and Brussels
The disagreement over the functioning of the Supreme Court is just one of many disputes between the right-wing government in Warsaw and the EU institutions. He claims that the European Union is infringing Poland's inalienable rights to make independent decisions.
The EU institutions have insisted that Poland, under the aegis of the populist Law and Justice party, has moved away from the EU's rule of law principles. This dispute concerns the independence of judges of the Polish Supreme Court when examining EU legislation.
Just last week, the United States and the EU's top justice official criticized Poland's proposed new law that could prevent political opponents from holding public office without full legal recourse. The EU has threatened to take action if it becomes clear that such a law would undermine democratic standards.
Social tensions
Criticism does not only come from the European Union. Hundreds of thousands of people took part in an anti-government demonstration in the Polish capital on Sunday. Citizens came from across the country to express anger at the authorities for allegedly eroding democratic norms and raising fears that the country is following Hungary and Turkey down the path to autocracy.
Organizers have estimated that 500,000 people have participated in the march, probably the largest in decades.
03:30
After the collapse of the Soviet empire, Poland joined the EU along with a large number of other Central and Eastern European countries. Emerging from autocracy, these countries have long been seen as models to follow to become models of Western liberal democracies. Today, critics say Poland and Hungary are sliding back into authoritarian one-party rule.
With AFP and AP
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