The European Commission will not withdraw its complaint against Poland in the Supreme Court of the European Court of Justice, although the decisions of the Polish government are a positive step – said Czech Justice Journalist Vera Jourov. – In my opinion, there are legal arguments that the EC should not withdraw from the case – said Adam Bodnar, a mediator of "Rozmisz Piasecki" in TVN24.
The EU commissioner for justice on the EC-initiated lawsuit against Poland said that "action is continuing and will continue".
During a conversation with a reporter from Czech public radio, the Czech commissioner pointed out that the latest amendment of the Supreme Court Law does not stop the proceedings initiated on the basis of Article 7 of the Treaty on the European Union. This is a case concerning an alleged violation of the rule of law by the Polish authorities introducing changes to the dimension of the judiciary.
"The complaint of the European Commission against Poland to the Court of Justice of the European Communities on the reform of the Supreme Court is maintained and will continue despite the changes in Warsaw last week," wrote the radio journalist iROZHLAS Filip Harzer on Twitter after being interviewed with Commissioner Jourová.
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The correspondent of TVN24, Maciej Sokołowski, said on the subject "that it is not specific decisions taken in Brussels, but the opinion of a Commissioner, Very Jourovej" . He also stressed that the European Commission has not yet discussed the complaint lodged with the Court of Justice of the European Union.
Adam Bodnar, TVN24 mediator, commented on Wednesday. Asked in "Piasecki's interview" on whether the amendment to the Supreme Court law was "the end of the war" with the European Commission, he said: "We need to look at if the Commission will effectively withdraw its case.
– In my opinion, there are legal arguments to justify the fact that the case would not withdraw from the case – he said.
– I am of course glad that this bill has been amended, but I think I would come back to Marek Borowski's question: what did it bring us? – Bodnar pointed.
He felt that the Polish government was certainly counting on a reduction of emotions in its relations with the European Commission.
He also stressed that there remained the issue of the EU's procedure for Poland to comply with the rule of law. According to Bodnar, this should continue because "we still have problems with the independence of the fruit culture in the context of the functioning of the ordinary courts, the disciplinary division, the National Council of the Judiciary and the Constitutional Court".
– This requires additional explanations, more dialogue and pressure – he assessed.
Parliament passed an amendment last Wednesday to the Supreme Court Law, which provides that judges of the Supreme Court and Supreme Administrative Court have been forced to retire after reaching the age of 65 and over. to resume their duties.
The amendment of the law on MV took place after the decision of the Court of Justice of the European Union.
On 19 October, the CJEU accepted the proposal from the European Commission and decided to apply temporary measures as a first step. In particular, the CJEU wanted the judges obliged to retire in the light of the new rules to be reinstated.
