Tag: European Commission

Open Letter to the President of the European Commission regarding Poland’s disciplinary regime for judges and the urgent need for interim measures in Commission v Poland (C-791/19)

The European Commission has launched a reflection process on the rule of law in the EU and setting out possible avenues for future action. It outlined three pillars which could contribute to further the effective enforcement of the rule of law in the Union: better promotion, early prevention and tailored reposnse

The Court opened – through the second subparagraph of Article 19(1) TEU – of the possibility to apply Article 47 of the Charter

Today, the European Commission has launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new disciplinary regime for judges. The Polish government has 2 months to reply.

In the report published on 20 March 2019 by the Stefan Batory Foundation in cooperation with the European Stability Initiative, the two organisations discuss the state of rule of law in Poland. The authors argue that the EU should use its most effective tool to defend the rule of law and lodge another complaint to the Court of Justice of the EU

Frans Timmermans spoke with journalists on Tuesday, 19 February 2019, just prior to another debate in the General Affairs Council of the EU over breach of rule of law within the Article 7 TEU procedure initiated against Poland. This was the first meeting of the Council since the Polish government presented its report on 11 December 2018

Provisions subordinating the judiciary to the executive (including disciplinary proceedings against judges), which are completely incompatible with European standards, are still in place.

The new Supreme Court Act came into effect on 1 January – the Supreme Court judges previously forced to retire are coming back to work. PiS ultimately gave up despite stalling for time until the last moment. Yet the fight for the rule of law continues, and Brussels has no plans to quit. In 2019, the Court of Justice will rule on the politicisation of the National Council of the Judiciary (KRS)

Reporting to the European Commission on the implementation of its recommendations regarding rule of law, the Law and Justice government is demanding the end of the procedure implemented under Article 7 of the Treaty on the EU. In the report, the government makes unsubstantiated claims that the changes into judiciary are addressing ‘high public expectations’

The report contains Commission’s position for the hearing of Poland before the Council of the EU on 11 December 2018. Commission maintains that Poland does not comply with its recommendations concerning the rule of law. The recent amandment to the law on Supreme Court is seen as a positive development. But other problems remain