Budapest Post

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

PolXit: Poland is ordered to pay the European Commission a daily penalty payment in an amount of €1 000 000

PolXit: Poland is ordered to pay the European Commission a daily penalty payment in an amount of €1 000 000

As it has not suspended the application of the provisions of national legislation relating, in particular, to the areas of jurisdiction of the Disciplinary Chamber of the Supreme Court, Poland is ordered to pay the European Commission a daily penalty payment in an amount of €1 000 000
Compliance with the interim measures ordered on 14 July 2021 is necessary in order to avoid serious and irreparable harm to the legal order of the European Union and to the values on which that Union is founded, in particular that of the rule of law.

By its judgment of 19 November 2019, 1 the Court of Justice, questioned by the Sąd Najwyższy – Izba Pracy i Ubezpieczeń Społecznych (Supreme Court (Labour and Social Insurance Chamber), Poland) held, inter alia, that EU law precludes cases concerning the application of EU law from falling within the exclusive jurisdiction of a court which is neither an independent nor an impartial tribunal.

2 Subsequently, ruling on the disputes which had given rise to its request for a preliminary ruling, the Sąd Najwyższy– Izba Pracy i Ubezpieczeń Społecznych, in its judgments of 5 December 2019 and of 15 January 2020, held in particular that the Izba Dyscyplinarna (Disciplinary Chamber, Poland) of the Sąd Najwyższy (Supreme Court, Poland) cannot, having regard to the circumstances in which it was formed, the extent of its powers, the composition of that chamber and the involvement of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) in its creation, be regarded as a court or tribunal within the meaning of EU or Polish law.

On 14 February 2020, the Law amending the Law relating to the organisation of the ordinary courts, the Law on the Supreme Court and certain other laws (‘the amending law’) entered into force.

Considering that the provisions of national legislation in force infringe EU law, the Commission brought an action for failure to fulfil obligations before the Court of Justice on 1 April 2021.

Pending the judgment of the Court closing the proceedings in Case C-204/21 (‘the final judgment’), the Commission asked the Court, in the context of proceedings for interim relief, to order Poland to adopt a series of interim measures.

By her order of 14 July 2021, 4 the then Vice-President of the Court granted all the Commission’s requests pending delivery of the final judgment.

Considering that Poland had not complied with its obligations under that order, on 7 September 2021 the Commission lodged an application requesting that Poland be ordered to pay a daily penalty payment in an amount likely to encourage that Member State to give effect as soon as possible to the interim measures imposed by the interim order.

Maintaining that a change in circumstances had taken place following the delivery of the order of 14 July 2021, Poland, for its part, lodged an application for cancellation of that order. By her order of 6 October 2021, 5 the then Vice-President of the Court dismissed Poland’s application.

By his order, made today, the Vice-President of the Court orders Poland to pay the Commission a periodic penalty payment of €1 000 000 euros per day, from the date on which that order is notified to Poland and until such time as that Member State complies with the obligations arising from the order of 14 July 2021 or, if it fails to do so, until the date of delivery of the final judgment.

Firstly, regarding the request for the case to be referred to the Grand Chamber of the Court, the Vice-President recalls that, according to the applicable rules, 6 the Vice-President of the Court is him or herself to rule on applications for suspension of operation or for interim measures or to refer those applications immediately to the Court.

It follows that it is for the Vice-President of the Court alone to assess, on a case-by-case basis, whether the applications for interim measures before him or her require referral to the Court for the purpose of their assignment to a formation of the Court.

In the present case, the examination of the arguments put forward by Poland does not permit it to be established that the Commission’s application requesting that a periodic penalty payment be imposed requires it to be assigned to a formation of the Court, with the result that there is no need to refer that application to the Court.

Secondly, 7 as regards the Commission’s application requesting that a periodic penalty payment be imposed, the Vice-President observes, first of all, that it is not apparent from the documents before the Court that the measures adopted by Poland would be sufficient to ensure the implementation of the interim measures concerned.

He emphasises, in particular, that the decision whether or not to continue the examination of cases pending within the Disciplinary Chamber is adopted, as the case may be, by the President or members of that chamber, without the measures adopted by the First President of the Sąd Najwyższy requiring them to suspend that examination.

On the basis of the evidence submitted by both parties, the Vice-President considers that the provisions of Polish legislation conferring jurisdiction on the Disciplinary Chamber in the cases referred to in the order of 14 July 2021 may still be applied in the Polish legal order.

In addition, he notes that Poland does not challenge the Commission’s claims that no national measure had been adopted to implement several of the measures imposed by the order of 14 July 2021. The Vice-President also recalls that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under EU law and that those obligations are binding on all their authorities, including, for matters within their jurisdiction, the courts.

In those circumstances, he considers that it appears necessary to strengthen the effectiveness of the interim measures imposed by the order of 14 July 2021 by providing for the imposition of a periodic penalty payment on Poland in order to deter that Member State from delaying bringing its conduct into line with that order.

Regarding the amount of that periodic penalty payment, the Vice-President emphasises, first of all, that the order of 14 July 2021 concerns interim measures, compliance with which is necessary in order to avoid serious and irreparable harm to the legal order of the European Union and, consequently, to the rights which individuals derive from EU law and the values 8 on which that Union is founded, in particular that of the rule of law.

Next, he observes, in particular, that the fact that Polish law has hindered the adoption of additional measures to comply with the order of 14 July 2021 cannot be taken into account in order to assess the amount of the periodic penalty payment to be imposed.

The Vice-President also states that the Polish Government has not adduced evidence before the Court capable of establishing that the assertion that, despite the inadequacy of the measures adopted following the adoption of the order of 14 July 2021, Polish courts are complying in principle with that order is well founded.

Lastly, the expressed intention to adopt, within a year, a series of measures intended to reform the Polish judicial system is not such as to prevent, in the absence of immediate action by Poland, the occurrence of serious and irreparable harm to the legal order of the European Union.

In the light of the circumstances of the case and Poland’s ability to pay, the Vice-President has ordered Poland to pay the Commission a periodic penalty payment of €1 000 000 euros per day, from the date on which today’s order is notified to that Member State and until such time as that Member State complies with the obligations arising from the order of 14 July 2021 or, if it fails to do so, until the date of delivery of the final judgment.
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
×