The European court of justice must decide. And as soon as possible, calls upon the EU Commission and applied for interim injunctions. Poland is due to the judge laws, to the pillory. From Brussels Bernd Riegert.
The Supreme court in focus: The EU Commission wants to encourage the Retirement of judges
The next step on the escalation ladder was not a Surprise. Since the Polish government refuses to the concerns of the EU Commission on justice reform to respond, the Commission believes to have no choice other than to go to court. The Polish Minister for European Affairs, Konrad Szymanski had made last week at a meeting of the Council of Ministers in Brussels again clear that the Polish government wants to maintain the controversial forced retirement of senior judges.
Mina Andreeva, spokeswoman of the EU Commission
Therefore, the EU has decided to Commission this Monday, the European court of justice in Luxembourg, no longer submit to, because in Poland a guarantee of the independence of the courts. But it is prescribed in the European treaties is mandatory. “Poland does not fulfil his obligations,” complained the spokesperson for the EU Commission, Mina Andreeva, in Brussels. “The EU Commission is further of the opinion that Poland’s law to the Supreme court to be incompatible with European law, since it undermines the independence of the judiciary and violating the principle of the contrary, that judges can not be prematurely replaced.”
To be forced to unpleasant judge in retirement?
The Polish government has since July, two opportunities to decidedly the allegations to comment and to take action to Change the law, pass. The so-called “infringement procedures” provides, therefore, that the European court of justice must now decide. The EU Commission criticised as “the guardian of the European treaties” that, in Poland, judges are sent to the Supreme court, instead of 70 years of age, now with 65 years in the retirement. Of this regulation, 27 of the 72 currently, acting judges, including the President of the court of justice. Malgorzata Gersdorf had repeatedly declared that it recognises your forced retirement, but continue to work, wants to appear. The past week had met the Polish Prime Minister Mateusz Morawiecki with the court President Gersdorf, opportunities for a compromise. This had been considered by the speaker of the General court as the first sign of good faith. The Supreme court in Poland had turned himself to the European court of justice in Luxembourg and asked for a review of the judiciary act.
Poland’s Top judge Gersdorf does not acknowledge their deposition. (Archive April 2018)
The EU-Commission and the Opposition in Poland, suggest that the ruling party is to get rid of PiS in this way, disagreeable judge, and the vacant Posts to selected candidates will occupy. The Polish government insists that the PiS majority in the Polish Parliament can shape the judiciary as it thinks fit.
Interim measures to avert damage
The EU Commission has asked Luxembourg for a preliminary injunction to stop the forced retirement of judges immediately, so that no “irreparable harm” arises in the course of the proceedings. The Polish President, Andrzej Duda had begun last week in order to appoint ten new judges of the Supreme court, the forced retired colleagues to replace.
In addition, the EU wants to achieve-Commission that the judges in Luxembourg at the Cjeu decide in summary proceedings to clarify the legal situation as quickly as possible. Whether the court will actually make more speed, you must now choose the President. Luxembourg should be at the end of the procedure the Commission would be called on the Polish government to make the retirement of the Supreme court in Warsaw reversed. If the Polish government is still stubborn, would be the imposition of substantial fines. Payments from the EU budget to Poland would be held back. Poland is currently the biggest beneficiary of the common EU budget.
On confrontation course: EU Commissioner Timmermans (li.), Minister For Europe Szymanski
Poland, because of the rule of law under pressure
In the last years of the Polish “national Council for the judiciary has already been” after the Gusto of the PiS rebuilt. Similarly, were set by the lower courts and the constitutional court’s controversial reforms. The new lawsuit brought by the European Commission against Poland must be seen against the Background that the Commission, the rule of law in Poland as a whole in a serious systematic risk. Therefore, the competent EU Commissioner, Frans Timmermans, has launched last December, to a process for the Review of the rule of law in Poland, in accordance with article 7 of the EU Treaty. This procedure is still at an early stage. The Council of Ministers – so the rest of the 27 EU member States – is to consult Poland the allegations. A first formal vote, which would be necessary to the process of advancing, is not yet planned. The member States are rather hesitant against another member country. EU diplomats expect that it will come before the European elections in may next year, to a vote. The article 7 procedure, which runs parallel to the now initiated court proceedings in Luxembourg, has been never applied. It could come at the end, to a restriction of the voting rights of Poland and hence to a de facto suspension of membership.
Poland’s President Duda appoints new judge: The procedure is controversial (archive)
Also Hungary in the pillory
The European Parliament had requested last week to open against the EU-member country Hungary article 7-procedure due to the lack of the rule of law. Hungary injured in the opinion of the Parliament, the freedom of the media, the freedom of science and research, as well as other fundamental rights. Hungarian Prime Minister Viktor Orban had rejected the allegations made in Strasbourg in the plenary session.
The headwinds from the EU for Poland and Hungary, the overall rough. EU diplomats are worried that it could someday come to the real litmus test for the EU. What happens if Poland or Hungary, final judgments of the European court recognise the court or the Council of Ministers in the current process? A precedent is already in place. Poland and Hungary refuse a judgment of the European court of justice for the distribution of refugees from the year 2017. The EU Commission has therefore requested legal funds Forced against the two States. A decision from Luxembourg here.