Despite changes in the judiciary: The EU continues to withhold billions of dollars from Poland

Despite the changes in the judiciary
The European Union has withheld billions of dollars from Poland

There is a risk that the controversy over the rule of law in Poland will escalate again. Initial analysis suggests that previous changes to EU commission law were not sufficient. So the Polish government will have to wait even longer for frozen EU funds.

The EU Commission considers that recent changes in the Polish judiciary are not sufficient to dispel doubts about compliance with the provisions of the law. Further delays in the payment of billions from the EU pot to mitigate the economic consequences of the corona crisis.

In its proceedings before the European Court of Justice, the Brussels Authority made it clear that, in its view, the controversial provisions had not been repealed after preliminary analysis. In particular, the exclusive status of the Supreme Court’s “Extraordinary Examination and Public Affairs Room” for questions about the independence of judges has not been removed. It is also worth noting that the new law does not immediately reinstate suspended judges, but only provides for review procedure. According to the EU Commission, such cases must be examined by an independent tribunal within a legal period.

The analysis of power is particularly relevant because the government in Warsaw hopes to raise up to 35 35 billion after the recent passage of a new “law in the Supreme Court”. The EU has been blocking the release of funds for months, citing blatant shortcomings in the Polish judiciary. Most recently, however, an agreement was reached with the government in Poland on the terms of the funding. Warsaw hoped the new law would meet the requirements.

Outside the order room

Poland has already submitted its development plan for May 2021. To receive money from the so-called Recovery and Resilience Facility (RRF), member states must submit a plan with investment and reform plans that must actually be evaluated by the Commission within two months. However, EU chairwoman Ursula van der Leyen called on Poland to reform key judicial reforms to restore the independence of the judiciary.

One of the sticking points is the disciplinary system that can punish and dismiss any judge or lawyer. Poland said goodbye in mid-June. Introduced in 2018, the Supreme Court chamber was central to the judicial reform of the national conservative PIS government. In July last year, a European court ruled that Poland was violating European law. On Tuesday, the oral hearing before the ECJ was back on the chamber after a complaint from the EU Commission.

The Disciplinary Chamber is now being replaced by the new “Professional Responsibility Room”. Judges who previously served in the Regulatory Chamber may be transferred or retired to other positions in the Supreme Court. Of all the Supreme Court judges, 33 will be accidentally drawn, except for the heads of the Supreme Court Chambers, from whom the President will select 11 judges and create a new “Professional Responsibility Room” for a period of five years.

The agreement on Poland’s recovery plan in early June states that Poland will receive money only if it implements various interim targets. “Milestones must be reached first, and then the money will be paid,” said Van der Leyen. In addition to the abolition of the disciplinary chamber, the Polish Corona Redemption Plan provides that judges will no longer be disciplined if they ask the European Court to explain EU law. In addition, judges who are already affected by the decisions of the disciplinary committee can review these decisions by an independent tribunal.

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