“With the optimistic assumption that the Constitutional Tribunal will rule that the amendment to the Supreme Court Act is in line with the Constitution, obtaining funds from the KPO is likely to be possible by the end of the summer holidays, EU minister Szymon Szynkowski said. Sęk on RadioPlus.
The minister was asked when the date of the hearing before the Constitutional Court on the Supreme Court law can be expected. Szynkowski vel Sęk said he would like the hearing in this case to be held in May or June.
It is certainly not the case that the Constitutional Tribunal is prolonging anything, on the contrary, I have the feeling that the Constitutional Tribunal, even after the deadlines it has set for the preparation of opinions from various sides – these deadlines were very short – the Tribunal therefore rather works efficiently
– said Szynkowski aka Sęk.
He was also asked when the first European funds for KPO could reach Poland. The minister pointed out that it depends on how “the question of the decision of the Constitutional Court develops”.
If there is a decision by the Constitutional Court (…) we assume that the Constitutional Tribunal decides that this law is in accordance with the Constitution (…) and that this will happen, for example, in a month’s time, around the transition from May and June, (then) assuming such an assumption, then it is possible to submit this application (for disbursement of funds from the KPO) probably still in June and then obtaining these funds may be possible sometime at the end of the holiday. This is an optimistic assumption
said the EU minister.
The minister was also asked if there is a chance to stop imposing sentences on Poland in connection with changes in the judiciary. Szynkowski vel Sęk explained that Poland has made several requests to suspend sanctions due, among other things, to the liquidation of the Supreme Court’s Disciplinary Chamber.
The EC disagrees with Poland’s position that all elements of the request for an interim measure have been implemented, but agrees that some of these elements have been implemented and has submitted such an opinion to the Court of Justice of the EU
said the EU minister.
He explained that the EC had been asked by the CJEU to give its opinion on the Polish motion to suspend sentences.
And she considered that not all the obligations have been fulfilled, but some have been fulfilled, therefore it is possible to think about moderating the penalties, i.e. reducing them proportionally
– said Szynkowski aka Sęk.
He noted that the final decision will be taken by the CJEU.
At the end of October 2021, the CJEU ordered Poland to pay a fine of EUR 1 million per day to the European Commission for not suspending the application of the provisions regarding the powers of the then Supreme Court’s Disciplinary Chamber towards judges. In November last year, the Polish government filed a motion to suspend the calculation of fines, motivated, among other things, by the liquidation of the disciplinary chamber. So far, however, the EC accuses Poland of obligations.
On July 15 last year, the amendment to the Supreme Court law initiated by President Andrzej Duda came into force, according to which the Disciplinary Chamber ceased to exist and was replaced by the Chamber of Professional Responsibility.
In turn, another amendment to the Supreme Court law, passed in January by PiS, aims – according to the authors – to reach a major “milestone” for the European Commission to release funds from the national reconstruction plan. But on February 10 – after the bill was on the president’s desk – Andrzej Duda announced that he had decided to submit the amendment to the Constitutional Tribunal, under the preventive scrutiny procedure. At the same time, he appealed to the judges of the Constitutional Court to deal with the case immediately.
The application published by President Duda to the Constitutional Tribunal a few days later questioned the basic provisions of the Supreme Court amendment, including those on the so-called test of the independence of the judge and on the transfer of disciplinary and immunity cases of Supreme Administrative Court judges, as well as the vacatio legis of the amendment set for 21 days
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Source: wPolityce