Wednesday October 27, 2021
Because of controversial judicial reform
ECJ sentenced Poland to one million euros a day
Poland has been fighting with the European Union over its judicial reform for months. This violates EU law. But Warsaw repeatedly ignores orders from the highest European court. Now comes the bill.
The European Court of Justice (ECJ) has ordered Poland to pay a daily fine of one million euros. According to a statement by the Court of Justice, the reason for the step is the country’s refusal to date to implement decisions by the highest courts on controversial judicial reforms. Specifically, it is particularly about the order to stop the work of the controversial disciplinary body to punish judges. According to ECJ rulings, the activity is not compatible with EU rules on the independence and impartiality of the judiciary.
Compliance with the July 14 order is necessary in order to avert “serious and irreparable damage” to the legal order of the European Union and the values on which this Union is based (…), said the Vice-President of the Court of Justice. The fine should ensure that Poland does not delay compliance.
The financial sanctions against Poland were requested on September 9th by the EU commission responsible for monitoring the rule of law in the EU. They are now due until Poland complies with the ECJ’s orders. “The judicial systems in the entire European Union must be independent and fair,” Commission chief Ursula von der Leyen criticized at the time. Poland’s Justice Minister Zbigniew Ziobro, on the other hand, spoke of “aggression against Poland” and of a “legal hybrid war”.
“The verdict is welcome”
The ECJ had previously ruled in mid-July that Poland violated European law with the disciplinary body. In addition, an interim order has been issued to the country to suspend the provisions that empower the Disciplinary Body to rule on requests for the waiver of judicial immunity and issues relating to the employment and retirement of judges. The decision also affected other provisions of Polish law relating to the independence of judges.
Poland then announced that the controversial disciplinary body in its current form would be abolished. In the end, however, she continued to work off old cases. The chamber has so far been considered to be the heart of the judicial reforms initiated by the PiS government. It can dismiss any judge or prosecutor. Critics fear that it could serve to reprimand judges for unpleasant decisions.
On September 20, Poland had already been fined by the ECJ for mining Turow lignite on the border with Saxony. Despite an interim ECJ order from May, Warsaw did not stop lignite mining, according to an order from ECJ Vice-President Rosario Silva de Lapuerta.
Initial reactions from the European Parliament to the new penalty payment were positive. “The verdict is to be welcomed,” said FDP member Moritz Körner. However, the EU Commission must continue to withhold EU Corona aid for Poland. The Green politician Daniel Freund commented: “The dismantling of the independent judiciary in Poland is expensive.”