The EU said yesterday that it ignored the laws of the European Union and filed a proceeding against Poland for undermining the independence of the judiciary, urging warsaw to blame.
Poland’s Prime Minister Mateusz Morawiecki said the EU’s decision reflects Brussels’ tendency towards “bureaucratic centricity” that “must be stopped”.
This step escalate a long-standing feud between Warsaw and Brussels over Poland’s perceived retreat to EU democratic norms.
Brussels has already withheld approval of the Polish Coronavirus Recovery Fund. EU Economic Commissioner Paolo Gentiloni said the infringement case targeted Poland by violating the dominance of EU law and determining that certain provisions of the EU Treaty did not comply with Polish law. ..
Poland’s Deputy Minister of Justice Sebastian Caleta counterattacked the EU announcement by calling it an “attack on the Polish Constitution and our sovereignty.”
“This is no longer a legal debate, but an attack on the Polish Constitution and the foundations of the Polish state,” said former Prime Minister Beata Siduro, MEP of the Polish Law and Justice (PiS) Party.
Morawicki added that he “deeply” opposed the Commission’s move, showing a lack of understanding of the differences in EU and state capabilities. Mr. Morawicki said the legal action indicates that “the trend of bureaucratic centralization is unfortunately advancing in Brussels, but it must be stopped.”
“More and more EU member states believe that capacity should be limited, that is, what the European Union can do and what the state of Poland can do,” he said.
Given the relentless rebellion from the Polish Constitutional Court to the European Court of Justice (ECJ), legal action from Brussels was expected.
The ECJ has already ruled against Poland to lift the judge’s immunity in the Constitutional Court and implement a mechanism to dismiss what was deemed unacceptable by law and justice-controlled parliament. ..
The European Commission is also angry with the 2019 Polish law, which prohibits Polish courts from applying EU law in certain areas and referencing legal questions to the ECJ.
Gentiloni said in a press conference that the Polish move “violated the general principles of autonomy, superiority, effectiveness, and the unified application of EU law and the binding judgment of the judiciary.”
The European Commission believes that the Polish Constitutional Court “no longer meets the requirements of an independent and impartial court established by law, if necessary” by a basic EU treaty.
He said Poland had two months to respond to a formal letter explaining the reasons for the infringement proceedings.
If you do not get a satisfactory answer, the issue may be sent to the ECJ. There is no option to expel Poland from the EU because it does not respect Block’s law, but violations can result in daily fines.
But Poland and Hungary, another Eastern European member accused of undermining democratic norms, protect each other from more extreme EU punishment, including removing voting rights within the block. I have an agreement.
http://www.gulf-times.com/story/706742/EU-takes-legal-action-against-Poland-over-rule-of- EU takes legal action against Poland over the rule of law