the 2019 justice reform violates European Union law

by time news

2023-06-05 16:50:59

The Polish justice reform, introduced by the nationalist populist government in 2019 and the subject of a standoff between Warsaw and Brussels, was contrary to Community law, announced Monday, June 5 the Court of Justice of the European Union (CJEU ).

“The Polish justice reform of December 2019 violates EU law” European Commission, in particular in its part relating to the disciplinary system of judges and their independence, indicated the Court in its judgment immediately welcomed by the European Commission which had referred this reform to it.

“It is an important day for the restoration of an independent judiciary in Poland”commented the European Commissioner for Justice Didier Reynders, indicating that the Polish law carried “undermining the independence of judges”. “After today’s decision, the law on the judiciary will have to be adapted accordingly”he added, pointing out that the CJEU’s decision settled “definitely the question” and urged the Polish authorities “to comply fully with the judgment”.

Refusal to pay fines

In 2021, the CJEU condemned Poland to fines of one million euros a day to stop the activities of the disciplinary chamber of the Supreme Court, a key institution in a controversial reform of the Polish judicial system. The amount of these fines has to date exceeded 550 million euros.

Poland has always refused to pay these fines, but Brussels has taken part of them from the funds intended for Poland. The judgment of the European Court lifts the financial sanction as of June 5, but Poland must still settle the sums due for the past.

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