On Tuesday 14 August, the European Commission reached a new milestone by sending a reasoned opinion to Warsaw on the subject of Poland's legislation on its Supreme Court. The ultimatum has now been launched – Poland has one month to amend its legislation and comply with EU law, or otherwise be taken to the EU Court of Justice.
The Commission said it has carried out an in-depth analysis of the Polish authorities' response to the Commission's letter of formal notice of 2 July (see EUROPE 12053) and considers that Poland's response "does not alleviate the Commission's legal concerns".
In the response it sent at the beginning of August, Poland rejected the Commission's concerns and criticised the short length of time given for its response, as well as "the dubious legal basis" used (see EUROPE 12076).
The Commission is nevertheless holding strong and maintains in a press release that "the Polish law on the Supreme Court is incompatible with EU law as it undermines the principle of judicial independence, including the irremovability of judges".
Having entered into force in July, the new Polish legislation governing the Supreme Court lowers the age of retirement from 70 to 65, thus forcing 27 of the Supreme Court's 72 judges to leave their job. This measure is also applied to the presidency of the Supreme Court, the six-year mandate of which would be interrupted prematurely.
On Thursday 16 August, the European Network of Councils for the Judiciary proposed suspending the National Council of the Judiciary of Poland (the KRS) from its structure on the grounds that it no longer responds to the requirements of independence of the judiciary, mentioning this reform inter alia.
The Polish Supreme Court meanwhile does not intend to give up and in early August put several prejudicial questions to the European Court of Justice.
This infringement does not stop the ongoing rule of law dialogue with Poland, the Commission stated, which still considers dialogue to be the "preferred channel for resolving the systemic threat to the rule of law in Poland". (Original version in French by Marion Fontana)