EU Commissioner for Justice Didier Reynders spoke in the European Parliament about Poland’s law in relation to the Russian Influence Commission. In his remarks, he pressed Poland to align its legal system with EU expectations and stressed the need for reforms that strengthen judicial independence.
On the rule of law situation in Poland, officials updated ministers at yesterday’s Council of Europe hearing under Article 7 regarding Poland. While some positive steps were noted, concerns remained about compliance with Court of Justice of the European Union (CJEU) judgments, particularly regarding the Supreme Court’s Disciplinary Chamber and its treatment of Polish judges. The penalties Poland faced were reduced as progress toward compliance with the July 2021 provisional ruling was considered.
Reynders underscored that Poland has yet to fully implement the July 2021 CJEU order, and the final outcome of this case was anticipated to be announced by the CJEU in the near term.
He also noted that the amendment to the Supreme Court law in Poland has not yet taken effect. The European Commission will conduct a comprehensive assessment of the law when Poland first applies for payment under the Facility for the Programme of Assistance (FPA). The key expectation is that the law ultimately adopted will raise the standards of judicial independence in Poland.
Changes to the National Court Register
Regarding the national court register, the relevant law features prominently in the ongoing discussions under Article 7. The Rule of Law Report for 2020–2022 highlighted the Commission’s concerns about the process for appointing judges, concerns that were echoed by the CJEU. The National Judicial Council has issued decisions that raise questions about its independence. It remains crucial for the KRS to implement corrections swiftly.
With respect to the Supreme Court, there are serious doubts about several judges, including the court’s first president, and whether they operate in accordance with independence requirements.
Poland has not yet taken steps to address the judgments of the European Court of Human Rights concerning the appointment process for judges, which have been deemed ineffective and inappropriate.
Reynders also criticized the Polish Constitutional Tribunal for asserting a primacy of national constitutional law over EU law. Earlier in the year, the European Commission referred Poland’s case to the CJEU for alleged EU-law violations by the Constitutional Court. At present, Polish authorities have not acted to address these concerns.
Response from Jaki: a claim of naivety
The statements by Reynders drew rebuttals on social media, including from a member of parliament who described the remarks as naive. The assertion was that the ruling of the Constitutional Court on the Supreme Court is effectively moot until changes are made to the National Court Register and the court’s ruling on EU primacy is clarified. The response emphasized the need for concrete steps rather than rhetoric.
In discussions of this issue, the broader aim remains to ensure that EU law holds real weight in national judicial matters while respecting national constitutional frameworks. Observers note that independent, transparent, and accountable judicial institutions are central to upholding the rule of law across member states.
Overall, the dialogue continues around how Poland can align its judicial reforms with EU standards while addressing national legal and institutional considerations. The outcome of ongoing assessments and forthcoming court decisions will play a decisive role in shaping future EU-Poland relations on justice and rule-of-law matters, reflecting the shared goal of stronger, more accountable institutions across Europe.