Poland’s judicial system has been the subject of a long-standing disagreement over the rule of law between the European Union and the country’s national-conservative government, led by the Law and Justice Party (PiS). This week, the EU announced that it will sue Poland in the European Court of Justice (ECJ ) over two rulings made by the country’s Constitutional Tribunal in 2021, which challenged the primacy of EU law over national law.
In a statement issued on February 15th, the European Commission said that the two rulings by Poland’s constitutional tribunal “directly challenged the primacy of EU law and the provisions of the EU treaties.” The Commission also pointed out that, despite having had an ongoing dialogue with Poland since December 2021, “the Polish reply does not address the commission’s concerns,” leading to the decision to bring the matter to the EU’s supreme court, the ECJ.
The Commission also expressed concerns over the appointment procedures of three judges and the selection of the court’s president. The Commission believes these decisions by the Constitutional Tribunal are proof that it “no longer meets the requirements of an independent and impartial tribunal that was previously established by law.”
The rulings by the Constitutional Tribunal that prompted the EU’s decision relate to the compatibility of parts of the EU treaties with the Polish Constitution. The tribunal claimed that the EU treaties were subordinate to the constitution in the Polish legal system, a stance that challenges one of the basic principles of EU law. Poland’s ruling party, PiS, supported this position, with party leader Jaroslaw Kaczynski stating that “all European regulations that are in force in Poland … must comply with the constitution.”
After the EC published its statement, the Polish Minister of Justice, Zbigniew Ziobro, called a press conference where he denounced the Commission’s actions as politically and ideologically motivated “threats” meant to undermine Polish democracy. According to the minister, the recent development is part of a purposeful “plan to disestablish the EU member states in their existing form,” in order to create a “centralized state with a formal capital in Brussels. He continued,“we do not and we will not consent to this.”
Meanwhile, the rule of law issue could become costlyfor Poland. The Commission initiated infringement proceedings against Warsaw in December 2021, with Brussels withholding €35.4 billion in COVID-19 recovery funds as a result of the dispute. The EU has also set out specific requirements to address issues of judicial independence and green energy, which Poland must meet in order to receive the withheld funds.
In recent weeks, Polish lawmakers have introduced new laws relating to wind farms and judicial reforms. The latter has proven to be particularly controversial, with critics claiming that the country’s Supreme Court has been used to punish judges critical of the government’s judicial reforms.
The EU justice commissioner, Didier Reynders, has been vocal in his support of the ECJ’s decision to sue Poland. He tweeted: “Everyone in the EU should enjoy the fundamental principles and the rights of the EU legal order, including the right to a court that is independent under EU law.”
The ECJ has the power to impose daily fines on Poland if it finds in favor of the European Commission. The court has already imposed fines on the country in relation to two other rule of law disputes, with the fines currently amounting to €1.5 million per day.
The disagreement over the rule of law between the EU and Poland is expected to continue, since Poland will hold elections later this year. The PiS-led government has seen its lead in the polls over the liberal opposition camp narrow in recent months, making it likely that further clashes over EU law may arise in the future.
