The European Commission launched an infringement procedure against Poland on Wednesday 22 December following judgments handed down in October by the Constitutional Court of that country, rulings which challenge the primacy of European law and the authority of the Court Justice of the European Union (CJEU).
“We consider that this case law violated the general principles of autonomy, primacy, efficiency and uniform application of Union law, and the binding judgments of the CJEU. We also consider that the Constitutional Tribunal no longer meets the requirements of an independent and impartial tribunal established by law, as required by the treaty ” of the European Union, said the European Commissioner for the Economy, Paolo Gentiloni, during a press briefing.
The European executive, guardian of the treaties, has sent a letter to the Polish government, which has two months to respond. The infringement procedure can lead to a referral to the CJEU, and can go as far as financial sanctions.
Warsaw denounces “democratic centralism”
Polish Prime Minister Mateusz Morawiecki immediately reacted: “The tendency to develop democratic centralism […] of Brussels is progressing unfortunately, but it must be stopped ”, he denounced.
He assured that the Polish Constitutional Court answered “To all the requirements of independence. “
“It is a Constitutional Court which deals with the Constitution, so that it is truly the supreme law of the Republic of Poland. If the European Commission misunderstands the principle of the powers conferred by Article 5 of the Treaty on European Union, this is obviously a problem. “
Poland has already been condemned by European justice to periodic penalty payments: on October 27, to one million euros per day to put an end to the functioning of the controversial disciplinary chamber of the Supreme Court; in September, to 500,000 euros per day to force him to close a lignite mine. But Warsaw has expressed its refusal to pay.
Strong test
The EU has been in a standoff for several years with the nationalist conservative government in power in Warsaw over its judicial reforms, accused of undermining the independence of judges. Poland has been condemned several times by the CJEU.
The conflict escalated with a July ruling by the Polish Constitutional Court, under the influence of the ruling party, declaring the CJEU’s rulings on Polish judicial reforms unconstitutional.
Tensions increased further on October 7, when the constitutional court, seized by Prime Minister Mateusz Morawiecki, challenged the supremacy of European law, ruling certain articles of EU treaties incompatible with the country’s constitution.
Controversial Polish judicial reforms are also at the heart of the Commission’s blocking of the country’s recovery plan. Brussels demands that Poland put an end to the activities of the “Disciplinary chamber” judges, in accordance with a decision of the CJEU which accuses it of its lack of independence vis-à-vis political power.