The situation of the judicial system in Poland continues to be of “serious” concern to the European Commission, said the institution’s Vice-President, Věra Jourová, on Tuesday 18 October in Luxembourg, after a meeting of the European affairs ministers of the EU.
An ‘Article 7’ discussion, launched in 2017, was planned on recent developments in the country regarding judicial reforms implemented in response to the Court of Justice of the EU’s rulings, including on the disciplinary chamber of the Supreme Court.
“Even though there were important changes in June, some serious concerns remain unresolved”, the Vice-President summarised.
While she welcomed the dissolution of the disciplinary chamber of the Supreme Court and its replacement by a new professional chamber, as well as the reinstatement of judges who had been sanctioned, some disciplinary proceedings continue to target judges. The vice-president also reported difficulties with the National Council of the Judiciary and problematic appointments in terms of independence.
Poland has not implemented all the requests made by the Court of Justice of the EU in its various judgments in 2021 and the country “still has to pay the penalty payment” decided also at the end of 2021 by the Court of Justice of the EU on this disciplinary chamber.
The fact that the Polish Constitutional Tribunal also continues to question the primacy of EU law and will already this week address the unconstitutionality of the penalty payments decided by the Court of Justice of the EU also remains problematic, according to the vice-president.
About a dozen countries took the floor during the hour-long discussion, according to one source. They reiterated their support for the Commission and welcomed some positive developments in Poland, such as the law that dissolved the former disciplinary chamber of the Supreme Court. These Member States called on Poland to continue on this path and also thanked it for its role in relation to Ukraine, hoping that other problems relating to the Rule of law could be resolved.
For his part, the new Minister for European Affairs, Szymon Szynkowski vel Sęk, who spoke at the very end of the discussion, reportedly insisted that Warsaw had fulfilled all the requirements set by the Court of Justice and denied any difficulties with the primacy of European law.
He is also reported to have reiterated that after 5 years, this ‘Article 7’ procedure against Poland is becoming less and less legitimate and must be stopped.
Hungary did not intervene during the debate, another source said, but the Benelux countries reportedly requested a new hearing.
The Czech Presidency of the EU Council has not specified the way forward, but a new discussion on the Rule of law in five countries, including Poland once again, will be held in November or December. (Original version in French by Solenn Paulic)