Judicial reform violates EU law. Warsaw has to exchange them and pay up to 550 million euros.
Poland’s government ignored the EU Commission’s complaint in April 2021 and largely disregarded the injunction a few months later. Now the Warsaw government faces not only a legal problem, but also a financial one. Because the European Court of Justice (ECJ) gave a final judgment on the Polish judicial reform enacted in 2019 on Monday. The judges believe that the independence of the Polish judiciary is no longer adequately protected and that EU law is at risk.
In its jurisprudence, the Court of Justice expressly refers to the decision of the Deputy President of the Court of Justice of 27 October 2021 to impose a fine of one million euros per day in case of violation of the injunction suspending the judicial reform polish . This was reduced to 500,000 euros per day after the repeal of a regulation on the creation of a politically occupied disciplinary chamber in April this year. In total, depending on the interpretation, it is now 290 to 550 million euros. No amount is mentioned in the ECJ broadcast, it just says: “The effects of these decisions end with today’s judgment, with which the proceedings are closed. However, this does not affect Poland’s obligation to pay fines owed in the past.”
Poland is remembered in the judgment that member states cannot “break” with the fundamental values of the Union by invoking national provisions. Furthermore, the Polish judicial reform provides that judges are illegally prevented from resorting to the European Court of Justice to examine the independence of national courts. The planned and then suspended disciplinary body is also incompatible with EU law.
Personal data protection
The Court of Justice also condemned a provision that requires judges to make a written declaration of their membership in associations, non-profit foundations and political parties, which is then published on the internet. According to the ECJ, this publication is suitable “to expose judges to the risk of undue stigmatization”.
Poland must now comply with the verdict without delay, otherwise even higher penalties could be imposed.
(“Die Presse”, print edition, June 6, 2023)