The EU Commission puts Poland a last time, to be the Court system make back EU-compliant. But no one expects that Poland readjusted. Thus, the dispute escalated. From Brussels Bernd Riegert.
The Polish eagle wakes up at the entrance of the Supreme court in Warsaw: Who are the judges?
In the EU-Commission, no-one expects according to the assessment of EU diplomats seriously in order that the Polish government change its mind in the next four weeks, and in the dispute on the retirement age of the Supreme judges relent. Until the middle of September, the national-conservative PiS government’s time, the EU Commission since the beginning of July, demanded Changes to the law to the Supreme court. In a Letter that was sent to the EU Commission on Tuesday to Warsaw.
A first call of the Commission had ignored the Polish government, and in a 36-page Letter setting out why it considers the criticism of the EU on the Polish judiciary in General, and the selection of Supreme judges, in particular, is wrong. “The tone, the beat, shows that Poland does not want to give in,” from EU officials. The Polish government denies, that the design of the national court system would have anything to with the EU right to do.
Poland in the pillory
At the beginning of July, the ruling party had set “law and justice” that the Supreme judge need to go to Poland instead of 70 years of age, with 65 years in retirement. 27 judges were not replaced, the favor of the government party, apparently. Although the judge may request an extension of their term of office. It would have to be from the President of Poland, Andrzej Duda, the owes also the PiS of his career, approved. The President of the Supreme court małgorzata Gersdorf, refuses to retire, because their term of office was guaranteed by the Constitution. “This is a misconception,” said Pawel Mucha from the Chancellery of the Polish President.
Malgorzata Gersdorf wants to remain President of the court. Or is she in retirement?
The EU Commission criticises the fact that these methods threaten the independence of the Supreme court. The responsible EU Commissioner, Frans Timmermans wants to draw, therefore, before the court and Poland before the European court of justice in Luxembourg, not sue, when Warsaw falls into line in the next four weeks. Such “infringement proceedings” the EU is home to a dozen times due to the lack of implementation of EU directives. The Polish case stands out because he the procedure is happening against the Background of other, much include.
The EU Commission has initiated against Poland in December to a proceeding under article 7 of the Lisbon the EU’s basic treaties, because it sees the rule of law in Poland is systematically threatened. This sharpest weapon, had been considered by the EU Commission before. At the Moment, the process falters, however, in the Council of Ministers, i.e. the representation of the EU member States. You would have to find a threat to the rule of law in Poland, formally. This can only be done unanimously. Hungarian Prime Minister Viktor Orban has already announced that it would use its Veto in favour of Poland. At the end of the article 7-procedure for the withdrawal of the voting rights of Poland in the Council of Ministers. Thus, the membership would be suspended.
Slow dialogue: Commissioner Timmermans, Poland’s Minister for European Affairs, Konrad Szymanski
The dispute to the Supreme court is only a small part of the tug-of-war between the EU and Poland. The Commission accuses the Polish government is also to control the composition of the normal posts for Judges massif and the independence of the judiciary, a total limit. “A member of the EU but can only be a state of law”, warns the European Commissioner Frans Timmermans.
Implementation of the “refugee ruling” is still to be
The European court of justice also has a rather critical attitude towards Poland. The government in Warsaw is ignored, for example, a judgment of the ECJ, according to which Poland, the Czech Republic and Hungary redistributed refugees from other EU States would have to absorb. This judgment from last year to enforce, has sued the EU Commission in Poland again. In this process, a judgment is expected in the autumn. The court could impose a severe monetary penalty, which would remove the EU-Commission of the aid from the Brussels Fund in Poland.
Several cases against Poland before the European court of justice in Luxembourg
The ECJ has also recognised the end of July, indirectly, a threat to the rule of law in Poland, because it requires that prior to the deportations to Poland, it must be ascertained whether the Accused expect a fair trial. The same applies to the view of the ECJ, by the way, also for Hungary, which creates also more often with the EU Commission. In the case of Hungary, the European Parliament is considering whether Prime Minister Viktor Orban is undermining the rule of law.
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Poland: criticism of justice reform
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