Didier Reynders, EU Commissioner for Justice, spoke during a debate in the European Parliament on the Polish law on the Russian Influence Commission. In fact, in his speech, Reynders criticized Poland for its legal system that was not in line with the expectations of EU commissioners.
Regarding the rule of law situation in Poland, I had the opportunity to update the information to ministers at yesterday’s CoE as part of the hearing in accordance with Art. 7 concerning Poland. In general, despite some positive changes, there remain serious concerns about compliance with CJEU judgments regarding the actions of the Supreme Court’s Disciplinary Chamber in relation to Polish judges. fines against Poland halved from 21 April, taking into account progress towards compliance with the July 2021 provisional verdict
Reynders said.
However, to this day, Poland has still not fully implemented the July 2021 CJEU order. The CJEU will present the final result in this case next Monday
– added.
He mentioned that the amendment of the Supreme Court law in Poland has not yet entered into force.
The EC will only carry out a comprehensive assessment of the law at the time of Poland’s first application for payment under the FPA. It is important that the law that has finally been passed raises the standards of the independence of the judiciary in Poland
he noticed.
Requirements regarding changes to the National Court Register
As regards the national court register, the relevant law is one of the main elements in the current proposal based on Art. 7. The Rule of Law Report 2020-2022 reiterates the important concerns of the EC with this Council, given its role in procedures for the appointment of judges. These concerns have also been confirmed by the CJEU. (…) The National Judicial Council has taken decisions that are contrary to its duty of independence. (…) It is crucial for the KRS to make corrections as quickly as possible
he said.
As far as the Supreme Court is concerned, we have serious doubts about a number of judges, including the first president of the Supreme Court, and whether they are acting in accordance with the requirement of independence
he said.
Poland has still not taken steps to implement the judgments of the European Court of Human Rights, which found the process of appointing judges ineffective and inappropriate
– added.
Reynders also attacked the Polish Constitutional Tribunal over its perceived primacy of EU law over the Polish constitution.
Here, in February, the EC decided to refer Poland’s case to the CJEU for violation of EU law by the Constitutional Court. (…) So far, the Polish authorities have not taken any action to address the concerns of the European Commission
he said.
Jaki responds to Reynders’ words: “A bill for naivety”
Reynders’ scandalous words were commented on Twitter by, among others, Member of Parliament Patryk Jaki.
Didier Reynders just said in the EP that the ruling of the Constitutional Court on the Supreme Court is de facto irrelevant until there is a change in the register of the National Court and the revocation of the ruling of the Constitutional Court on the primacy of the EU right above Polish law. A bill for naivete
Jake emphasized.
tkwl/europarl.europa.eu/Twitter
Source: wPolityce