Dispute over judicial reform: EU threatens Poland with a fine

In the dispute over the new disciplinary law for judges in Poland, the EU Commission has given the government in Warsaw an ultimatum. Due to deficiencies in the rule of law, the country is also threatened with cutting EU funds.

The EU Commission has threatened Poland with a fine in the dispute over a controversial disciplinary body for Polish judges. If the government in Warsaw does not suspend the disciplinary body as requested by the European Court of Justice (ECJ), Brussels will apply for a fine in court, said EU Commission Vice President Vera Jourova. Poland has until August 16.

For years, the EU has been arguing with Warsaw over judicial reforms by the right-wing nationalist ruling party Law and Justice (PiS). Among other things, it concerns the chamber of the Supreme Court established in 2018, which is responsible for disciplinary proceedings against judges and can, for example, suspend them.

“EU law takes precedence over national law”

The dispute had recently come to a head. In the opinion of the EU Commission, the independence of the Disciplinary Chamber is questionable, since its members are appointed by the politically controlled State Judicial Council. Brussels had therefore brought an action in Luxembourg, and the ECJ last week upheld all of the objections to the Commission.

“Let me repeat what we have said many times before: EU law takes precedence over national law,” said Jourova. “Decisions of the European Court of Justice, including orders for interim measures, are binding on all authorities and national courts of the member states.” There can be no compromise on this issue.

Rule of law in Poland and Hungary endangered

In addition, Poland – like Hungary – must fear proceedings to cut EU funds following the publication of a new audit report by the EU Commission. In the investigation into compliance with the rule of law, the two states are found to have deficits in the independence of the judiciary and in the fight against corruption.

With regard to Hungary, among other things, there is talk of inadequate independent control mechanisms and a lack of action against clientelism and nepotism. On Poland, it said there were risks to the effectiveness of the high-level fight against corruption, including the risk of undue influence on law enforcement for political purposes.

“Cause of serious concern”

“There is cause for serious concern in a number of Member States,” commented the Vice-President. This is particularly the case with regard to the independence of the judiciary. The findings are relevant because, as of this year, states have been able to cut EU funds for certain violations of the rule of law.

The prerequisite is that there is a risk of misuse of funds from the community budget due to these violations. According to the report, this requirement could be met in Hungary and Poland because inadequate anti-corruption measures run the risk of EU funds being misappropriated.

Problems in other countries too

But other countries are also certified as having considerable shortcomings in some cases. In the fight against corruption, for example, the Commission sees a lot of room for improvement in Romania, Croatia and Cyprus, as well as in the protection of so-called whistleblowers who point out abuses.

There are too few judges in Spain. In Malta, of all things, the two largest parties operate their own radio and television stations. The report accuses the Slovenian government of harassing journalists and of delaying the appointment of investigators for the new EU prosecution for no reason.

Germany under observation

The German report, however, is mostly positive. Freedom of the press and media diversity are even expressly praised. The commission is critical of the increasing violence against journalists, especially when reporting on protests. Germany is still under surveillance because justice ministers can give their prosecutors instructions in exceptional cases. The report also criticizes legal loopholes in part-time jobs for MPs and in party funding.