The European Union is furious with Warsaw's stubbornness
The Court of Justice of the European Union (CJEU) in Luxembourg has ordered Poland to pay € 1 million a day until it brings national legislation in line with EU standards. In Warsaw, such actions were called blackmail and usurpation of power in the Republic of Brussels. The expert said how such a decision was expected and what consequences it could have for Poles.
The building of the Supreme Court of Poland. Photo: AP
Poland is ordered to pay the European Commission a daily fine of EUR 1 million for refusing to suspend national legislation, which in particular falls within the jurisdiction of the Disciplinary Chamber of the Supreme Court. .
In July, the EU court called for an immediate end to the work of this body, citing the fact that its actions undermine the independence of the judiciary in the republic.
The Regulation also emphasizes that “the implementation of the measures prescribed on 14 July 2021 is necessary in order to avoid serious and irreparable damage to the legal order of the European Union and the values on which it is based, in particular the rules of law”.
that the penalties against Warsaw will remain in force until the country meets the requirement to terminate the work of the Disciplinary Chamber of the Supreme Court of Poland or until a final decision of the EU court in this case.
“The verdict of the European Union regarding Poland is actually somewhat unexpected,” comments MK Nikolai TOPORNIN, director of the Center for European Information, associate professor at the Department of European Law at MGIMO. – I do not remember that, in practice, in recent decades the amount of EUR 1 million a day in the form of a penalty has been in the decision of the EU Court in Luxembourg. This shows how dissatisfied European Union leaders are with the Polish authorities' plan to reform the judiciary.
Brussels can use the financial “whip” mechanism without any further legal action, so that Poland understands that the decision taken by its constitutional tribunal is completely unacceptable. “
The expert is sure that current EU sanctions may be followed by others. At stake, in particular, is the allocation of Warsaw's € 36 billion from a support fund set up a year ago to help European countries out of a pandemic crisis. Poland was already supposed to receive 13 billion euros as the first tranche, but this was technically suspended.
“In addition,” Topornin continues, “some heads of state and government of the European Union, including Dutch Prime Minister Mark Rutte, have said the EU should freeze the allocation of any investment and subsidies to Poland until it restores the rule of law. is as follows: if a country is part of a bloc, it must respect the decisions of its political institutions and follow the decisions of its court.
Of course, there are some EU actions that cause a lot of dissatisfaction. For example, migration solutions. Not all states were ready to accept refugees. But Poland's actions undermine the coherence of the bloc's legal system and the consistency of its construction.
In my opinion, the current steps taken by Brussels are perfectly adequate. Finally, the time has come to move on to practical steps, the time for persuasion has passed. The situation with the reform of the Polish judicial system has dragged on since 2017. And during this time, European leaders have tried to somehow agree with Warsaw that this reform does not meet the EU's democratic standards.
In addition, the EU risks placing a time bomb. If all this is left to chance, where is the guarantee that other countries will not follow the Polish example and also will not want to comply with any EU decisions based on their constitution. In Hungary, for example, there is a rather specific government in power, which may also say over time that something does not suit it. This is a very serious confrontation that is fundamental. “
The European Union is therefore definitely not going to return, said the expert. The question is how long Warsaw will last. So far, Prime Minister Mateusz Morawiecki and President Andrzej Duda have stated that they have the sovereign right to reform the Polish judicial system as they see fit.
“Nobody forbids them,” Topornin emphasizes. – The only problem is that the principles of democratic institutions and the main principle of the judiciary should not be undermined: its complete independence from the executive and the legislature. And even though she is independent, her decisions are fair and objective. Once he becomes dependent on any branch of government, no one hopes for a verdict because he realizes that it will be based on the interests of political leaders.
It seems to me that now the ball is on Poland's side and its leadership, which must decide what to do next – either it will be under constant strengthening of financial sanctions, or still reconsider the decision of its constitutional court and accept some kind of compromise. . “/p>
According to the expert, the EU's request will remain in force until Poland stops defending itself, insists on its positions and meets half. Until then, financial sanctions will increase. The obligation to pay 1 million euros a day is still in bloom. Billions of euros are at stake.
“When the allocation of tens of billions of euros is frozen in Warsaw, they will feel perfectly what it means to be in conflict with the European Union, in addition to the small problem, where it seems to me that it is 100% wrong,” he sums up. Nikolai Topornin. – And only later, if that is not enough, can the European Union apply Article 7 of the Treaty of Lisbon, which states that restrictions on a country's political rights, including the right to vote in the EU institutions. In other words, Poland's political membership in the EU may be frozen.
Prime Minister Morawiecki has said many times that Warsaw is not preparing for the European Union, everything suits her. For Poles, EU membership really brings a lot of positive things. It turns out to be a kind of dual system. On the one hand, they do not intend to leave the bloc, and on the other hand, they do not want to comply with any decisions of the EU institutions. There is an obvious internal conflict in Poland, which could lead to complete disagreements. “