Justice reform – EU Commission takes action against Poland – politics

In the dispute over the Polish judicial reform, the EU Commission is tightening its measures against the national conservative government in Warsaw. Because of the recent law on discipline of judges, the Brussels authority has initiated a so-called infringement procedure against the country, as Justice Commissioner Didier Reynders said on Twitter on Wednesday. From the perspective of the EU authority, the law violates EU law. It undermines the independence of Polish judges and does not comply with the primacy of EU law, Reynders wrote.

Vice Commissioner Věra Jourová said there was a risk that the law could “be used, among other things, to control the content of court decisions politically”. Judges from other EU countries should be able to rely on the independence of Polish colleagues.

Specifically, it is about a law that came into force in mid-February. It provides that judges may face fines, downgrading, or dismissal if they question the decision-making powers or legality of another judge, chamber, or court. Nor are they allowed to be politically active.

If Poland does not give in, the Commission could sue the country again before the European Court of Justice. Initially, however, the Polish government now has two months to respond in writing to the concerns.

One of many procedures

In the past, however, Warsaw was not very insightful. Relations between the EU Commission and the Polish national-conservative governing party PiS have long been tense. PiS has been extensively restructuring the country’s judiciary for years. According to critics, this puts judges under pressure. The EU Commission monitors compliance with EU law in the international community and has already initiated several proceedings regarding judicial reforms.

In 2019, for example, the European Court of Justice ruled that the forced retirement of Polish judges at the Supreme Court and ordinary courts violated EU law. Three weeks ago, the CJEU ruled that the Polish Disciplinary Chamber had to suspend its work because it may not be independent. In 2017, the EU Commission also initiated a legal process against Poland under Article 7 of the EU treaties. The ultimate consequence is that a state can be deprived of voting rights in the event of violations of EU fundamental rights. However, the process stalled. The voting rights could only be withdrawn with a unanimous decision. The Hungarian government has made it clear that it does not agree to the move under any circumstances.

No trial against Hungary

For the time being, the Commission does not want to do anything about the Hungarian Emergency Law. Jourová said that she had analyzed the law in detail and did not see any reason for infringement proceedings in the text itself. But there has long been great concern, among other things, about the separation of powers in Hungary. Therefore, she would monitor the situation in the EU state very closely and “proactively”.

Hungarian right-wing Prime Minister Viktor Orbán had been given special powers by Parliament at the end of March. This means that Orbán can initially rule indefinitely by decree. Parliament can decide to end the emergency. However, the powers of attorney remain if the Parliament is prevented. In addition, penalties for spreading false news have been tightened, causing journalists to fear critical reporting.

According to a report by world Commission legal experts concluded that there was no concrete evidence of violations of fundamental democratic rights in Hungary. Therefore, no immediate countermeasures from Brussels are required. The Commission is concerned about the emergency legislation and wants to follow the implementation closely. However, other EU countries, including France and Romania, would also have adopted severe restrictions on fundamental rights.

In mid-April, the European Parliament asked the EU Commission to check whether the immediate Hungarian measures were in line with the EU treaties and, if not, to take action against them.

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