November 28, 2022

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Poland, in conflict with the European Union, is retreating with a new order for judges

Jaroslav Kaczynski, Leader of the Law and Justice Party (PiS), September 26, 2020.

After months of wrestling, Warsaw retreated under the pressure of Brussels. Jaroslav Kaczynski, leader of the main party in the Conservative coalition in power in Poland, announced on Saturday (August 7) ​​that he would dissolve the new judicial system. The decision was demanded by the European Union (EU).

“We will clear the order room [de la Cour suprême] In the form in which it currently operates, and in the matter of controversy [avec l’UE] It will disappear “, The leader of the Law and Justice Party (PiS) said in an interview with the Polish newspaper PAP. According to him, the first proposals for change should be submitted in September.

The article is reserved for our subscribers Read more Arms between Poland and the EU in bringing judges to court

Threat of financial sanctions

On July 14, the European Court of Justice (CJEU) ordered Poland to immediately suspend the functioning of the Supreme Court’s disciplinary chamber, which was set up as part of judicial reform. The disciplinary chamber is responsible for overseeing judges and has the power to prosecute or raise their immunity to reduce their salaries.

CJEU a, The second phase was adjudicated on July 15, That this room does not provide “Not all guarantees of impartiality and independence” And was “Not against the direct or indirect influence of legislative and executive powers”.

The article is reserved for our subscribers Read more The European Court of Justice and the Polish judiciary are crossing swords over independence

But the Polish Constitutional Court ruled that there were no interim measures imposed by the CJEU, in violation of Brussels. “Does not comply” To the Polish Constitution. Following that, the European Commission promised Warsaw to abide by the CJEU rules until August 16. This week, the head of the Supreme Court announced a temporary shutdown of the chamber.

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“I do not approve of such judgments [de la CJUE]Because, they certainly go beyond the agreements and expand the jurisdiction of the EU courts., A soligne m. Kachinsky. “However, there is no doubt, there is controversy.”, He agreed.

“That doesn’t mean this room won’t work in any form. No one expects this from us, but it will be a completely different body.”

Disagreement within the Conservative Alliance

Whatever the decision to dissolve the order room, the Minister of Justice and the leader of a small coalition party, Zbigniew Ziobro, the main author of this judicial reform, may act against the denial. Mr Geofro said Friday he refused “Give Type of Illegal Intimidation” Of the European Union.

Its denial has provoked new tensions within the ruling coalition and has already been weakened by the conflict with a third coalition party in proposals for forthcoming economic and financial reforms. Warsaw and Brussels have been fighting for years over reforms adopted by the conservative nationalist PIS government.

The article is reserved for our subscribers Read more In Poland, the funny war of judges

World with AFP