Sunday 16 July 2023

Poland's assault on judicial independence is costing them money

 Soon after the PIS (Law and Justice Party) gained an absolute majority in the Polish parliament, it has sought to influence the country's judiciary. The ostensible reason was to rid the court system of Soviet appointees and Russian influence. The undemocratic reform has, however, drawn heavy criticism from other free nations and the European Commission. Last month, the EU's court, the ECJ, ruled that "Poland's judicial reform infringes upon European law because it undermines the right to have access to an independent and impartial judiciary". Euronews explained:

The ruling is an unambiguous rejection of the reform introduced in 2019 by the hard-right government of the Law and Justice (PiS) party, which sparked an intense dispute between Warsaw and Brussels.

The contentious reform changed the rules that govern the relations between courts, preventing judges from assessing each other's compliance with EU legal standards and questioning a tribunal's composition.

It also empowered the disciplinary chamber of the Supreme Court to punish magistrates according to the content of their verdicts. Possible penalties included a reduction of salary, the temporary suspension of duties and the waiver of immunity to allow the initiation of criminal proceedings.

The chamber has been repeatedly criticised by the European Commission, the United Nations and civil society organisations as a political tool to exert control over the judiciary and weaken the separation of powers.

The Commission filed a legal case before the ECJ in March 2021 after its negotiations with the Polish government failed to deliver a satisfying result.

Warsaw struck a defiant tone and insisted the reform was necessary to purge the influence of the communist era, strengthen the apolitical character of the judiciary and crack down on corruption.

The European Court of Justice later ruled the chamber was incompatible with EU law and imposed a series of interim measures and ordered its dismantlement.

Poland's continued refusal to comply with the interim measures led the ECJ to slap a record-breaking €1 million fine per day on the country, which was reduced to €500,000 a day after the disciplinary body was replaced with a "chamber of professional responsibility."

The fine is being deducted from Poland's allocation of the EU budget and ceases to apply as of Monday.

Poland now owes €534 million, according to the European Commission, a sum accrued between October 2021, when the fine was established, and April 2023, when it was downsized.


No comments: