“My contacts with the European Commission do not confirm this,” said EU Minister Szymon Szynkowski vel Sęk, referring to emerging opinions that even if the Constitutional Court has a positive opinion on the amendment of the Supreme Court law, the European Commission will find another reason to block the KPO.
On Wednesday, the minister of European Union affairs was asked, among other things, in the first program of Polish radio. about when the funds will flow from KPO to Poland.
Here the decision is suspended, one can say by the decision of the Constitutional Court, or by the lack thereof, because the draft law (Amendment to the Supreme Court Law – PAP), which was prepared, negotiated – its assumptions with the European Commission, has passed through the legislative process, has been adopted by the Sejm, by the President before the Constitutional Court. This is the last element of the so-called milestones
– said Szynkowski aka Sęk.
He added that “an agreement has been reached with the European Commission”, while the law itself “must enter into force so that the content of this agreement can be fulfilled”. He noted that he is in constant contact with the European Commission and spoke with EU Justice Commissioner Didier Reynders on Monday.
This regular contact is information on what is going on in the case – and the Commissioner was very clear that the European Commission was looking forward to the entry into force of this draft, pending the review by the Constitutional Court, and appreciated the efforts of the Polish government to facilitate this assessment
said the EU minister.
Another excuse
He added that “the Commissioner is apparently aware of the situation that several judges are refusing to rule on this case, which is, by the way, grossly irresponsible for me, because there can be no attitude from judges.” that they refuse to judge in the most important matters”.
Szynkowski vel Sek also referred to emerging opinions that even if the Constitutional Tribunal gives a positive opinion on the law on the Supreme Court, the European Commission will find another reason, an excuse to block the KPO.
My contacts with the European Commission do not at all confirm this. Then there are these regular contacts to ensure that this agreement is up to date on the part of the European Commission. There is also a written confirmation of the positive assessment of this draft law by the European Commission and the European Commission should fulfill its obligations immediately after the entry into force of this draft law
– he said.
Then – he added – if the Constitutional Tribunal ruled that the amendment is in accordance with the constitution, “a request for payment will be made and this payment should then be made in the near future”.
According to PiS, the amendment to the Supreme Court law is an important “milestone” for the European Commission to release funds for the implementation of KPO. This stipulates, among other things, that disciplinary and immunity cases of judges should be decided by the Supreme Administrative Court, and not – as is currently the case – by the Chamber of Professional Responsibility of the Supreme Court. In February this year, President Andrzej Duda introduced a motion to examine the constitutionality of the amendment in the Constitutional Court – under the preventive scrutiny procedure.
For months there has been a dispute in the Constitutional Tribunal over the term of office of Julia Przyłębska as President of the Constitutional Tribunal, as a result of which the Tribunal was recently unable to meet as a whole, ie 11 judges. This composition is to consider the motion of the president regarding the amendment of the Supreme Court law, the hearing is scheduled for May 30.
At the beginning of May, PiS deputies submitted to the Sejm a draft amendment to the Law on the Organization and Procedure of Proceedings before the Constitutional Court, which provides for the reduction of the minimum number of judges of the General Assembly and the full composition of the Constitutional Court Court up to 9 judges. It was referred to the first reading in the Justice Committee.
At the beginning of June last year, the EC approved the Polish KPO, which was a step towards the disbursement of EUR 23.9 billion in grants and EUR 11.5 billion in loans under the Reconstruction Fund by the EU, but it money has not been paid. The EC noted that the Polish FPA contains “milestones on important aspects of judicial independence that are of particular importance for improving the investment climate and creating the conditions for effective implementation” and that “Poland should demonstrate that these milestones have been achieved before disbursements are made under the Recovery Fund.
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Mon/PAP
Source: wPolityce