With the hopeful expectation that the Constitutional Tribunal will determine the amendment to the Supreme Court Act aligns with the Constitution, officials suggested that funding from the KPO could become accessible by the end of the summer holidays. EU Minister Szynkowski vel Sęk spoke on RadioPlus, outlining the timeline and the conditions that would influence disbursement.
Asked about when the Constitutional Court might schedule a ruling on the Supreme Court law, Szynkowski vel Sęk expressed a wish for a May or June hearing. He emphasized that the tribunal is not dragging its feet; on the contrary, he noted that it has worked efficiently, even after imposing tight deadlines for stakeholders to submit opinions. The minister urged caution against interpreting the process as protracted, underscoring the tribunal’s efficiency in handling the matter within the set timeframes.
When questioned about the timing of the first European funds for the KPO, Szynkowski vel Sęk pointed out that the answer hinges on how the Constitutional Court proceedings unfold. If the Court issues a favorable decision around late May or June, it would be possible to submit the disbursement application for the KPO soon after, potentially as early as June, with funds arriving by the end of the holiday period. He framed this as an optimistic scenario, contingent on the Court’s ruling.
The minister also addressed the possibility of suspending sanctions on Poland in relation to judiciary reforms. He explained that Poland has lodged several requests to halt penalties due to steps like the dissolution of the Supreme Court’s Disciplinary Chamber. The European Commission contends that not all elements of the interim measures have been fulfilled, though some have, and has submitted its position to the Court of Justice of the European Union. Szynkowski vel Sęk noted that the EC was asked by the CJEU to provide its view on the Polish motion to suspend penalties.
According to him, the EC concluded that while not all obligations were completed, some were, making it reasonable to consider a moderated, proportionate reduction of penalties. He stressed that the final decision rests with the CJEU, which will determine the fate of the sanctions.
Historical context was recalled: in late October 2021, the CJEU ordered Poland to pay a daily fine of EUR 1 million to the EC for not suspending the application of provisions related to the powers of the former Supreme Court’s Disciplinary Chamber toward judges. In November of the following year, the Polish government filed a motion to suspend the fine calculations, citing the dissolution of the disciplinary chamber as a reason. Yet the EC continued to accuse Poland of remaining in breach of obligations.
On July 15 of the previous year, the amendment to the Supreme Court law, initiated by the presidency, came into force, replacing the Disciplinary Chamber with the Chamber of Professional Responsibility. A subsequent amendment introduced by the ruling party in January aimed to mark a major milestone for the European Commission’s decision to release funds from the national reconstruction plan. However, on February 10, after the bill reached the president’s desk, Andrzej Duda announced his intention to submit the amendment to the Constitutional Tribunal for preventive scrutiny, while urging the judges to expedite their review.
The presidential application to the Constitutional Tribunal raised questions about core elements of the Supreme Court amendment, including provisions on the test of a judge’s independence and the handling of disciplinary and immunity cases for Supreme Administrative Court judges, as well as the vacatio legis set at 21 days. The situation remains a focal point in the broader discussion of Poland’s judicial reforms and their implications for EU funding and compliance with constitutional standards.
In related developments, readers are directed to ongoing coverage of the KPO funds and the evolving EU-Poland dialogue. The central question remains whether the money allocated for Poland’s national reconstruction plan can be unlocked in the near term, given the constitutional review and the judiciary reforms that are under discussion. Stakeholders continue to monitor the timeline closely, recognizing that any favorable decision from the Constitutional Tribunal or the CJEU could alter the pace of disbursement and compliance measures.