Brussels files infringement lawsuit against Poland for its law against Russian influence

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list of disputes between Brussels and Warsaw continues to grow. This European Commission opened this thursday New infringement procedure against Poland for new To investigate the impact of Polish laws Russia country between 2007 and 2022.known as ‘dental lawHe said it could be used to prevent Donald Tusk, the former president of the Council of Europe, from participating in the next elections, on the grounds that he violated the principle of democracy. “This law is worrying” rule of lawThe Justice Commissioner said it “could be used to influence people’s ability to stand for public office without a fair trial.” Didier Reynders.

In force since 31 May, the European Commission has principle of democracy Principles of legality and non-retroactivity of sanctions and general principles of legal certainty, rights to effective judicial protection and data protection requirements of European law, enshrined in Article 2 of the Treaty. The decision to initiate the procedure was accepted by the commissioners on Wednesday and announced by the vice-president. Valdis Dombrovskisbut the notification was sent this Thursday.

“The new law unnecessarily interferes with the democratic process. The activities of the commission, such as investigations and public hearings, risk serious damage to the reputation of candidates in elections and may limit effectiveness by detecting that a person is acting under Russian influence. Protection of the political rights of those elected in democratic elections”, Poland He defends the Commission, blaming the legislature for the law, which presents a very broad and not very specific description of Russian influence.

21 days for response

Brussels also criticizes the legislation allowing the imposition of sanctions that prohibit a public official from performing duties related to the use of public funds for a period of up to 10 years. In addition, sanctions are also applied to behaviors that are in accordance with the law at the time of the act and that mean “contrary to the principle of compliance with the law and non-retroactivity”, and the decisions of the board can only be examined in administrative courts. It is limited to demanding respect for the law and cannot control the accuracy of the evaluation of the facts and the weighting of the evidence carried out by the Committee.

The Polish government, led by the ultra-conservative Law and Democracy (Nasty), now has “21 days” to respond to the summons from Brussels. If you don’t correct the shot, the Community Manager can submit a reasoned opinion, which is the final step before filing a complaint. EU Court of Justice. “This infringement procedure may be unique in terms of the time given to Poland, because we usually have longer deadlines, but we work with a sense of urgency because we really think it is a very serious blow to the democratic processes and the impartiality of the elections,” Jourova said at a press conference.

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