Poland’s dispute with the E.U. over how it treats its judges heats up with new rulings
By Loveday Morris,
Francois Lenoir Reuters
BERLIN — The European Union’s top court ruled Thursday that Poland’s judicial reforms are not compatible with European law, the latest in a series of verdicts to raise questions over Poland’s legal future within the bloc.
The Luxembourg-based European Court of Justice said that Poland’s system of disciplining judges “is not compatible” with E.U. law as it is open to direct or indirect political influence. “Poland has failed to fulfil its obligations under EU law,” the ruling said.
It came a day after the European court ordered Poland to suspend activities of its “disciplinary chamber” — which has the power to lift the immunity of judges and expose them to criminal procedures.
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Just hours after that ruling, Poland’s Constitutional Tribunal countered that the European orders were “inconsistent” with the Polish constitution, shaking the 27-member union’s legal order.
The European Union’s laws are generally considered to have primacy over conflicting national legislation.
This week’s three rulings are an escalation of a years-long spat between the European Union and Warsaw over the country’s judicial reforms and also part of a wider clash over human rights and values that has cleaved Europe.
On Thursday, the European Union also said it was launching legal proceedings against both Poland and Hungary in relation to measures considered discriminatory to their LGBT communities, but the countries have two months to respond to their complaints before a court case might be lodged.
Poland’s ruling right-wing Law and Justice party has argued its judicial reforms are necessary as part of long overdue changes to a corrupt and inefficient system.
But critics pointed out that judicial bodies were being stuffed with party loyalists, while key judicial powers were being transferred to parliament and the Justice Ministry, both controlled by the ruling party.
Speaking to Polish radio, Jan Truszczyński, a former Polish ambassador to the E.U., said there are now three courses of action.
“Adapt our constitution to the EU treaties. Persuade other E.U. countries to adapt the E.U. treaties to our constitution. Or make a submission to leave the E.U.,” he explained.
Critics warned it was the beginning of a legal exit from the European Union, with Donald Tusk, head of the opposition Civic Platform and a former European Council president, tweeting that the ruling Law and Justice party is “leaving the EU.”
“Only we Poles can successfully oppose this,” he wrote.
Slawomir Kaminski
Agencja Gazeta Via Reuters
People gather in front of the Constitutional Tribunal during a hearing in Warsaw July 13, 2021.
But while the spat raises questions about how Poland and the European Union can legally reconcile, membership of the bloc is extremely popular in Poland, making a so-called “Polexit” unlikely.
“Where the court finds that there has been a failure to fulfil obligations, the member state concerned must take the measures necessary to rectify the situation,” said Thursday’s ruling from the European Court of Justice.
Sebastian Kaleta, Poland’s deputy justice minister, argued that the European court had no authority to judge the country’s system of appointing judges.
Kalan reported from Warsaw. Quentin Aries in Brussels contributed.
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