“While our views still differ on some elements, dialogue with European institutions is meaningful and yields measurable results, said EU Minister Szymon Szynkowski vel Sęk, commenting on the CJEU’s decision to reduce Poland’s sentence.
In the issued decision, the Vice-President of the Court of Justice of the EU (CJEU) reduced the amount of the penalty imposed on Poland on October 27, 2021 from PLN 1 million to PLN 500,000. euros per day. The case concerns a dispute with the European Commission over judicial reform.
We are pleased that the CJEU agreed to Poland’s request and acknowledged that Poland had largely implemented the provisions of the provisional measure and reduced the sentences imposed by half. It shows that, while our positions still differ on some elements, the dialogue with the European institutions is meaningful and yields measurable results. This dialogue will continue
– said the Minister of European Affairs Szymon Szynkowski vel Sęk to PAP on Friday.
In 2021, the EC filed a complaint with the CJEU against Poland for failure to fulfill obligations of a member state, alleging that certain changes in the organization of the judiciary in Poland are in breach of EU law . According to the European Commission, these changes introduced a ban on national courts from examining compliance with EU requirements regarding the independence and impartiality of courts.
In the course of the ongoing procedure, the decision of the Vice-President of the CJEU of 27 October 2021 obliged Poland to pay a penalty of one million euros per day to the EC.
On 10 March 2023, Poland applied to the CJEU for annulment or, in the alternative, amendment of the decision imposing the aforementioned periodic penalty payment. In support of this request, Poland argued that it had fully complied with its obligations under the provisional measures as a result of the legislative changes.
Taking into account the measures taken by Poland, including the abolition of the Disciplinary Chamber of the Supreme Court, the CJEU has decided to reduce the amount of the periodic penalty payment.
Conclusions of the CJEU
The Vice-President of the CJEU who issued the decision concluded that “Poland, contrary to the obligations arising from the provisional measures, has failed to demonstrate full and effective suspension of the application of national provisions prohibiting national courts to investigate compliance with EU directives.” requirements regarding an independent and impartial tribunal previously established by law, nor the means of challenging the disciplinary responsibility of the judge who conducted the investigation.
According to the vice president, Poland has applied the provisions that allow the investigation of allegations of lack of independence of a judge or independence of a court.
Nevertheless, the Vice-President of the CJEU pointed out that Poland had withdrawn the provisions granting the Disciplinary Chamber certain powers to rule on the status of judges and that this Chamber had been abolished.
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Mon/PAP
Source: wPolityce