Brussels launched an offense procedure on Wednesday against Warsaw in order to assert the rule of European law.
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It is a new escalation in the conflict that opposes the European Commission and Warsaw on the rule of law. Wednesday, December 22, the Community Executive announced that it has opened an offense procedure against Poland after a decision of its Constitutional Court on 7 October, which challenged the rule of European law on national law. “This jurisprudence has violated the general principles of autonomy, primacy, efficacy and uniform application of Union law, and the binding judgments of the EU Court of Justice,” said the Commissioner The economy, Paolo Gentiloni. Before continuing: “The Constitutional Court no longer meets the requirements of an independent and impartial tribunal established by law, as required by the” European Treaty, of which the Commission is the guardian.
“The trend towards the development of democratic centralism (…) of Brussels is progressing unfortunately, but it must be put there,” reacted Polish Prime Minister. MATEUSZ MORADIECKI assured that the Polish Constitutional Court responded to “all the requirements of independence”. And to insist: “It is a constitutional court that deals with the Constitution, so that it is truly the supreme law of the Republic of Poland.”
The launch of this offense procedure, which can go to a referral to the Court of Justice of the European Union (EU) and financial penalties, is the last episode in the battle which opposes Warsaw and Brussels On the matters of justice since the Right and Justice Nationalist Conservative Party has come to power in 2015. The Commission is concerned that the judicial reforms of Mateusz Morawiecki undermine the independence of justice when Warsaw says affirms that they allow him to better combat corruption within the judiciary. The EU’s Court of Justice has repeatedly condemned Poland, without getting evolution.
Amendment of 1 million euros per day
On October 27, the Judges of Luxembourg imposed in Warsaw a penalty of 1 million euros a day as long as it has suspended the disciplinary chamber of the Supreme Court, in accordance with a judgment of the Court of the Court. July 14th. For the time being, Poland has not paid anything, but the Commission has warned: if, in the coming weeks, nothing is done, it will retain “the sums due since November 3, with interest late” on the funds allocated to the country.
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