Infringement proceedings began in December 2021 after the Polish court declared some articles of the treaties incompatible with the constitution, calling into question the primacy of EU law. Furthermore, due to the procedures used to appoint some judges, the Polish Constitutional Court no longer has the characteristics of an independent court for the EU executive
There European Commission has decided to postpone Poland In the EU Court of Justice for infringements of Community rules by the constitutional court Poland and its judgments. The procedure of Injury it started in December 2021 after the Polish court declared some articles of the treaties incompatible with the Polish constitution, thereby challenging the supremacy of EU law. Furthermore, due to the procedures used to appoint some judges to the community executive, the Polish Constitutional Court no longer has the characteristics of a court independent.
The reasoned opinion was issued on 15 July 2022, after which Warsaw rejected the Commission’s reasoning. The Polish government’s replies were assessed insufficient, the Commission has therefore decided to refer Poland to the Court of Justice. Warsaw Justice Minister Zbigniew Ziobro responded by saying the decision was a “attack planned to the Polish state”. “This request and that briberyin this case aim to eliminate the Polish state as we know it, in accordance with the Polish Constitution,” said the minister, known for his positions anti-European and anti-German. The Commission’s decision, he added, is part of EU policy, which follows “the German plan to abolish EU member states” in favor of “a centralized state with a formal capital in Brussels and a real capital in Berlin”.
Last June, the European Commission approved the Polish Pnrr, worth 35 billion euros, which ties the disbursement of funds to the achievement of certain objectives to protect the independence of the judiciary. The conditional green light had come after Warsaw enacted a law contested by Brussels to abolish the disciplinary division of the Supreme Court. However, according to Palazzo Berlaymont, the reform was not enough to overcome all the critical points identified by the EU. Parliament approved the new law last week. the polish president, Andrzej Dudarequested a prior opinion from the Constitutional Court.