The European Commission is closely monitoring the reforms of the judiciary implemented by the Polish government. This time, there was criticism from the law allowing the President of the Republic of Poland to select judges from the Supreme Court who are to retire after they turn 65. There are many doubts, and the PiS government must respond to them within two months.
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The independence of the judiciary is violated
The retirement clause for judges over 65, who did not submit an appropriate application expressing their willingness to continue working in the Supreme Court, violates the principle of the independence of the judiciary, the European Commission ruled. At the same time, she called for this deficiency to be remedied, giving Poland one month to respond to the letter, as it appears to be illegal for various reasons (for example, Article 19 (1) of the Treaty on European Union in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union).
It is difficult to define the criteria
First of all, it is difficult to define the criteria to be followed by a president supporting or rejecting the motion of a judge over 65, and his decision could then not be subject to any control. According to the new provision of the act, as many as 30% of judges would lose their jobs.
Hopes of the Polish Ministry of Foreign Affairs
Minister foreign affairs, Jacek Czaputowicz hopes that the European Commission will not gain the support of the majority of other member states, which would not be responsible for blocking the judicial reform in Poland. However, if the Polish government and the commission do not reach an agreement, we will be formally asked to improve the provision, this time giving the state two months to respond. The case is then referred to the Court of Justice, which has the right to impose huge financial penalties on the country.
Will Poland avoid financial penalties?
Everything points to the fact that the actions of the Polish government once again did not find recognition in the eyes of the European Commission. This is yet another law, the implementation of which raises serious concerns for the European community. It remains to be hoped that the Polish authorities will come to an agreement with the European Commission, as was the case with the recent controversies. Time will tell if you have recently submitted declarations in between Prime Minister Mateusz Morawiecki, and Frans Timmermansand Angela Merkel, these were only empty declarations, or in fact assurances that would give a new direction in shaping relations between Poland and the European Union.
