Turning away from the rule of law ?: The EU opens a case against Poland

Monday 02 July 2018

In the conflict over the separation of powers in Poland, the EU resorts to an emergency brake: Warsaw wants to prematurely put several judges retired at the Supreme Court. Brussels fears unjustified interference with the rule of law and starts an infringement procedure.

The European Commission has opened a formal infringement procedure against the Polish government concerning the anticipated early retirement of judges at the Supreme Court in Poland. Given the imminent implementation of the measure, the Commission sees the urgency, said a spokesman. Poland has one month to comment. Earlier, the ruling National-Conservative Party Law and Justice (PiS) had confirmed its intention to continue the replacement of the court despite warnings from Brussels

In practical terms, the dispute between Warsaw and the European Commission is nothing more than unless With this interference in the separation of powers between the government and the case law, Poland, member of the EU, has adopted a fundamental principle of democratic states.

A law in Poland, which came into force in April, stipulates that supreme judges will have to retire at the age of 65 instead of the previous 70, as part of the controversial judicial reform after July 3 . The regulation concerns about one-third of the judiciary. If you want to stay in power, you must apply to President Andrzej Duda. Critics fear that unfortunate judges may be prematurely eliminated in this way.

The imminent wave of retirements would free many positions for re-appointments to the court, which could block important government decisions. National conservatives around PiS leader Jaroslaw Kaczynski could politicize the court this way, they say. The Polish Supreme Court is still considered as an independent bastion of the Polish legal landscape

The spokesman for the European Commission said that the law in question had already been discussed with Poland during the dialogue on the rule of law. Despite the new procedure, the Brussels authority remains open to dialogue with Warsaw. This is for the Commission "the preferred channel for resolving the systemic threat to the rule of law in Poland."

From tomorrow to retirement?

On the whole, the Polish constitutional state is currently facing major upheavals. After many government replacements, many of the country's judicial authorities are biased. Finally, warn critics, the PiS party could also take precedence over the Supreme Court. "Many Supreme Court judges may be forced into early retirement", worries, among others, the Council of Europe Greco's anti-corruption committee in its recent report.

For the decision of the staff Duda has several months, so that the feared retirements can take place even after July. Greco experts criticize: Thanks to the new rules, the head of state could de facto choose judges. "We are concerned that Poland no longer complies with anti-corruption standards in terms of judicial independence," they warned.

"July 3 is being demonized"

The European Commission has already expressed its concerns about the overall violation of European fundamental values ​​resulting from the overall restructuring of the Polish judiciary. Brussels has been raising concerns for more than two years against the reform of the judicial system by the right-wing conservative government in Poland. In December, it initiated for the first time a constitutional state procedure under Article 7 of the EU treaties to jeopardize the EU's fundamental values ​​against Poland.

Frans Timmermans, Vice-President of the Commission, had already strongly criticized The Chief Justice would be an irreparable violation of the rule of law. "The Polish government does not want to know the critics." The date of July 3 is demonized, "said Foreign Minister Jacek Czaputowicz

Poland has already reformed the law and, in so doing, responds to the demands of Brussels.On the extensions of the judges not Duda alone decides that he must consult the head of the judicial election Council of State Justice, Czaputowicz defended But this does not negate Brussels' preoccupation with the rule of law Since the reform of the PiS, members of the Provincial Council of Justice have also been elected with greater parliamentary influence.

reforms would free the Polish judiciary of corrupt judges, the PiS explains its actions.An excuse, says the President of the Supreme Court Malgorzata Gersdorf. "All these changes in the judicial system do not relate to the common good, but on the changes of cadres, "says the 65-year-old lawyer. Their future is also uncertain.

Source: n-tv.de