The European Court of Justice has once again declared a regulation in the current Polish judicial system to be inadmissible.
(Photo: dpa)
Brussels A new judgment from Luxembourg highlights how bad things are now with the separation of powers in Poland. Judges obviously no longer had the independence “that a judge in a constitutional state should normally have,” declared the European Court of Justice (ECJ).
Because the Polish Minister of Justice can place judges on important posts at will and without legal control and can withdraw these posts from them again at will. The judges have no way of contesting this decision.
That would be bad enough. In Poland, there is also the fact that the Minister of Justice is also the Attorney General. In certain proceedings, the Minister of Justice could “have power over both the public prosecutor of the ordinary courts and the judges who are seconded”. In such a situation, it is difficult to imagine the judge opposing the prosecutor’s motions.
In the summer, the ECJ had already decided that Poland must abolish its disciplinary body, which has a similar effect. Poland’s Justice Minister Zbigniew Ziobro defends the reform with which he has given himself the new powers. Because he has still not abolished the disciplinary body, Poland has to pay a fine of one million euros a day.
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Such a payment on the basis of the new ruling is not possible for the time being. Because this time Poland was not sued directly before the ECJ, but a Polish court had submitted the question to the ECJ. This court now has the backing to declare the orders by the Minister of Justice to be unlawful.
Above all, the judgment shows that the separation of powers in Poland will not be restored for a long time if the country abolishes its disciplinary body.
Warning against the release of fresh funds from Brussels
It is hardly possible to protect the rule of law from Luxembourg with judgments. The procedures are too lengthy and the penalties too low for that. The EU Commission has two other means in hand. First, it can initiate legal proceedings. However, it intends to wait until the ECJ has recognized this new instrument as permissible.
Second, she has leverage that she can use very soon. It’s about the billions that Poland is actually entitled to under the Corona Reconstruction Fund. Most other EU countries have already received money from this pot. A lot is at stake, especially for Poland.
At the moment, however, it is particularly important for Brussels to work well with Poland on securing the border with Belarus. Both sides want to prevent a new route for irregular migration from emerging there.
In this situation, the members of the European Parliament fear that the EU Commission will be lenient with Poland and release the money from the reconstruction fund. The most important political groups are jointly warning: The Commission should only approve the funds if all the conditions have been met. However, Polish courts have shown that they cannot guarantee fair trials.
The letter was drawn up by the group of the Greens. It was also signed by the group chairmen of the Conservatives, Social Democrats, Liberals and the Left.
More: EU versus EU – Why one institution is suing the other in the dispute over Poland