Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Poland bows to Brussels' demands on respect for judicial independence

Poland bows to Brussels' demands on respect for judicial independence

Poland announced this Saturday that it is reversing its judicial reform to avoid a head-on collision with the European Commission. The community body had denounced the introduction of a new disciplinary system for judges, considering that it threatened the independence of the Polish courts.
The Court of Justice of the European Union, at the request of the Commission, declared the changes illegal, but until this Saturday Warsaw threatened to resist complying with the verdict.

The withdrawal signal has come from the top because it has been Jaroslaw Kaczynski himself, outside the Polish government but number one of the party that supports it, who has closed the conflict with Brussels. “We will dissolve the disciplinary chamber in its current form and in this way the reason for the dispute will disappear,” said Kaczynski, president of PiS (Law and Justice) in a statement collected by Reuters.

Kaczynksi has ensured that, despite his surrender, he does not recognize the judgments of the EU Court that, in his opinion, go beyond what is foreseen in the EU Treaties. And he has indicated that the dissolution of the chamber had already been planned for months, long before the European Court ruled in mid-July.

But the announcement of the “liquidation” of the disciplinary chamber comes after the opening of a file of the Commission for contempt of the Court. The conflict had splashed, rebound, the Polish recovery plan, still pending the green light from the Commission and with which Warsaw expects to receive up to 36,000 million euros from the recovery fund.

Kaczynski’s words open at least a period of truce between Warsaw and Brussels, although they could strain relations within the Polish government. This Friday, Justice Minister Zbiqniew Ziobro, a member of United Poland, the other coalition party, was in favor of standing up to Brussels.

“I am completely against giving in to the illegal blackmail of the EU that is carried out through the Court of Justice of the EU,” said Ziobro in an interview with the Polish newspaper Rzcezpospolita. The minister assured that if the orders on judicial reform are complied with “then tomorrow the EU Court will issue a verdict that forces Poland, for example, to approve gay marriage and the adoption of children by such couples.”

The contempt for the European Court, however, would have exposed Poland to a brutal confrontation with the community institutions, which consider a priority to maintain legal security derived from respect for the judgments and orders of European justice. The conflict would have exposed Poland to lose European aid from the recovery fund against the pandemic, of which it expects to receive 24,000 million in non-refundable grants and 12,000 million in loans under favorable conditions.

Kaczynski’s turnaround will now allow the Commission to focus on its confrontation with the government of Viktor Orbán in Hungary, which also keeps the approval of the recovery plan blocked, endowed with 7.2 billion euros in subsidies. In this case, the conflict parallel to the processing of the plan revolves around the law approved by Budapest to prohibit the dissemination of content related to the LGTBIQ community by any means to which minors may have access.

The president of the European Commission, Ursula von der Leyen, has accused the Orbán executive of equipping homosexuality with pornography and pedophilia with that law and has opened an infringement file to demand its withdrawal. Budapest has assured that it will maintain the norm. Some analysts point out that Orbán will yield, on the other hand, at the other point of friction with Brussels, relative, as in Poland, to respect for judicial independence.

In the Polish case, the tension with Brussels festered on July 14, when the Constitutional Court of Poland issued an opinion in which it assured that the precautionary measures of the European justice to stop the judicial reform could not be applied. That same day, the EU Court, based in Luxembourg, issued an order to provisionally suspend the activity of the disciplinary chamber created to monitor the judges of the Polish Supreme Court.

The collision of the two jurisdictions, that of the Polish Constitutional Court and the European court, set off alarms in the European Commission. Von der Leyen warned that he would use his entire arsenal to stop the contempt. Only six after the Constitutional order, the Commission opened an infringement file and gave Poland a month (until August 14) to obey the orders of the European Court under penalty of potentially multimillion-dollar fines.

The vice president of the Justice Area Commission, Vera Jourova, justified the speed in an interview with MRT. “It is not surprising that we react quickly. We play a lot, ”Jourova pointed out.

The jurisdictional conflict with Warsaw is the most serious, but not the only one that the Commission keeps open. Brussels has also filed a case against Poland for the creation in a hundred localities of the so-called LGTBI-free zones.

In addition, both Poland and Hungary are subject to a file based on article 7 of the EU Treaty, a never-used nuclear weapon that allows members who violate the fundamental values ​​of the club to suspend the right to vote in the Council of the Union. . The threat has never materialized, among other things, because it means turning the affected country into an institutional pariah and because the tremendous punishment requires the unanimity of all the partners, a consensus that does not exist.

But the Commission has had another much more expeditious way to sanction since January 1, thanks to a regulation that allows the suspension of Community funds to countries where the fragility of the rule of law does not guarantee their proper management. Brussels has promised not to strictly apply this rule until the European Court rules on its legality following two appeals presented by Warsaw and Budapest. But the Von der Leyen executive insists that he is already collecting information for the possible investigation of files as soon as he has the green light from the judges.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
Italy Faces Population Decline Amid Youth Emigration
Trump Accuses China of Violating Trade Agreement
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Russia Accuses Serbia of Supplying Arms to Ukraine
Gerry Adams Wins Libel Case Against BBC
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
EU Majority Demands Hungary Reverse Anti-LGBTQ+ Laws
Top Hotel Picks for 2025 Stays in Budapest Revealed
Iron Maiden Unveils 2025 Tour Setlist in Budapest
Chinese Film Week Opens in Budapest to Promote Cultural Exchange
Budapest Airport Launches Direct Flights to Shymkent
Von der Leyen Denies Urging EU Officials to Skip Budapest Pride
Alcaraz and Sinner Advance with Convincing Wins at Roland Garros
EU Ministers Lack Consensus on Sanctioning Hungary Over Rule of Law
EU Nations Urge Action Against Hungary's Pride Parade Ban
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
U.S. Considers Withdrawing Troops from Europe
Russia Deploys Motorbike Squads in Ukraine Conflict
Critics Accuse European Court of Human Rights of Overreach
Spain Proposes 100% Tax on Non-EU Holiday Home Purchases
German Intelligence Labels AfD as Far-Right Extremist
Geert Wilders Threatens Dutch Coalition Over Migration Policy
Hungary Faces Multiple Challenges Amid EU Tensions and Political Shifts
Denmark Increases Retirement Age to 70, Setting a European Precedent
Any trade deal with US must be based on respect not threats', says EU commissioner
UK Leads in Remote Work Adoption, Averaging 1.8 Days a Week
Thirteen Killed in Russian Attacks Across Ukraine
High-Profile Incidents and Political Developments Dominate Global News
Netanyahu Accuses Western Leaders of 'Emboldening Hamas'
Ukraine and Russia Conduct Largest Prisoner Exchange of the War
×