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The EU is exacerbating the dispute with Poland over the judiciary

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The European Commission is taking legal action against Poland, accusing the country of ignoring EU law and undermining the independence of its own judiciary.

Deputy Minister of Justice Sebastian Kaleta responds by calling the EU communiqué "an attack on the Polish constitution and our sovereignty."

Procedure against Poland for infringement of the Treaty is initiated on the basis of a breach of the general principles of autonomy and primacy of EU law. The Commission considers that Poland has breached the requirement of judicial independence and impartiality, EU Economic Commissioner Paolo Gentiloni said on Wednesday.

Doubts about independence

The Polish Constitutional Tribunal in its judgments of July 14 and October 7 this year. ruled that the provisions of the EU treaties are inconsistent with the Polish Constitution. These judgments have undermined the primacy of the European Court of Justice, writes the Commission in press release .

The European Commission says it has serious doubts about the independence and impartiality of the Constitutional Tribunal. He believes that it no longer meets the requirements of EU law.

Moreover, the Commission considers that the judgments of the Polish court earlier this year run counter to the article guaranteeing the right to effective judicial protection. They also point to other irregularities and shortcomings, including the election of the president and vice-president of the Constitutional Tribunal.

Financial sanctions

Poland has two months to respond to the formal notification of the opening of the infringement procedure, says the European Commission.

EU dispute with Poland over the judiciary

The dispute between the EU and Poland over the legal situation in the country has been going on for a long time. The latter procedure may end at the European Court of Justice and, in the next instance, lead to further financial sanctions against Poland.

The EU suspends payments of financial support to Poland as a result of the dispute.

Source: NTB
Photo / Virginia Mayo, Pool)

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