Exclusive-Poland asks EU to hold off fines for disciplining judges
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© Reuters. As they support Poland’s accession to the European Union, people carry flags as they participate in an event. This rally is taking place after Poland’s Constitutional Tribunal decided that the Constitution has priority over EU law. It undermined a fundamental tenet in European integration. By Gabriela Baczynska
BRUSSELS, (Reuters) – Poland requested that the European Union executive hold off on fines for undermining judicial autonomy, claiming it is trying to eliminate its litigious disciplinary chamber of judges. According to a January 10 letter, Reuters.
Warsaw is currently in arrears of 70 million Euros for failing to stop immediately the work by the chamber, pending the final verdict of the EU court. The scheme has been widely criticized for permitting the government’s sideline judges to question its policies.
This letter represents the most recent development in this case. It is one of many fights between the nationalist and eurosceptic Law and Justice party (PiS), ruling in Poland and EU over the undermining democratic checks and balances.
Andrzej Saados, Poland’s EU Ambassador stated in the letter, that the Supreme Court head had decided not to hand some cases over to the Disciplinary Chamber and that the government is “currently consulting draft legislation aimed at continuing reforms to the judiciary.”
He said, “Under these circumstances I ask the Commission to hold off sending payments until the reforms are completed.”
According to the Brussels-based executive, it will soon start sending Warsaw invoices. There are other ways of securing fines. For example, you can deduct them from any development assistance earmarked for Poland in case PiS rejects to pay.
The Disciplinary Court was established by PiS in 2017. It is part of the dramatic changes that took place to the judiciary.
However, the letter didn’t specify when Warsaw would cancel the chamber. The Chamber has the power of reassigning or suspending judges.
Poland has lost its position as the symbol of post-communist transformation and the access to millions of euros of EU pandemic recovery funding funds due to fundamental disagreements over democracy standards.
More EU development funds are at stake, which have been a major driver of Poland’s economic expansion since its 2004 accession to the bloc.
According to officials from the Commission, there has not been an EU country which failed to comply with orders by its top court or to pay sanctions for doing so.
Poland is currently facing two cases like this. The court also ordered Poland to pay fines and amend its ways in dispute with Czech Republic.
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