Two European Union commissioners publicly stated that efforts to amend Poland’s Supreme Court law involved detailed settlements and that the law directed to the Constitutional Court could unlock funds from the Recovery and Resilience Facility. EU minister Szymon Szynkowski vel Sęk told PAP that this line of thought opens a path to access KPO resources.
The proposed amendment as a key milestone
Vera Jourova, the Deputy Head of the European Commission, told TVN24 in an interview that the amendment to the Supreme Court law, which is currently under review by the Constitutional Court, would constitute a milestone for the judiciary and for Poland’s potential to receive EU money from the KPO program. She added that the project had been thoroughly consulted with the EC and that Polish authorities had been assured its approval would help resolve the problem. The representative of the Polish side was informed that this step could address certain issues, though not all of them, she stated. When asked whether this fulfilled the anticipated milestone for the judiciary, she replied that it did, but emphasized that a decision from the Constitutional Tribunal remained necessary before progress could be made.
In the same interview, EU Justice Commissioner Didier Reynders acknowledged that the amendment to the Supreme Court Act is a good project. He noted that it had been discussed with Polish authorities for months before being submitted to the Polish Sejm. A TVN24 report later highlighted that the commissioners stated approval of the amendment would unlock funds from the KPO.
Detailed settlements behind the issue
EU Minister Szymon Szynkowski vel Sęk commented to PAP that many opposition politicians have questioned the European Commission’s favorable assessment of the Supreme Court law changes and the related negotiation framework. He recalled criticisms of the proposed provisions and warned that certain amendments could undermine the negotiated compromise on the issue.
The public statements by the two commissioners underline that the matter involved detailed settlements and that the law’s entry into force, once presented by the president to the Constitutional Court, would facilitate access to funds from the KPO. Szynkowski vel Sęk reiterated this assessment in his remarks. The amendment to the Supreme Court law was submitted by President Andrzej Duda to the Constitutional Tribunal in February as part of a preemptive review. The tribunal hearing is scheduled for June, with the date having shifted from an initial plan. Jurists and lawmakers from Law and Justice described the measure as essential for Poland to receive EU Reconstruction Fund support under the KPO, following the COVID-19 pandemic. The amendment includes provisions that disciplinary and immunity cases involving judges be decided by the Supreme Administrative Court, rather than by the Supreme Court’s Professional Liability Chamber as currently practiced. The presidential motion asks the Constitutional Court to examine, among other items, the constitutionality of entries on judicial independence testing and the transfer of disciplinary and immunity cases to the Supreme Administrative Court. It also questions provisions that allow resuming legally concluded disciplinary and immunity cases and the 21 day vacatio legis period attached to the amendment. WKT and PAP report this context. Source: wPolityce