A daily commission fine to Poland, until he folds
In a very unusual move, on Tuesday (8 September) the European Commission asked the EU's highest court to impose a daily fine on Poland for Warsaw's failure to comply with the temporary measures that European judges have put in place to July and that the Polish state has not yet applied. All to signal an intensification of the feud that divides, on multiple levels, Warsaw and Brussels.
On July 14, the European Court of Justice (CJEU) ordered Poland to suspend some powers of the national judicial disciplinary chamber, the equivalent of our CSM. These included the body's ability to prosecute judges applying EU law on judicial independence, as well as the power to waive immunity from members of the judiciary.
However, a disciplinary investigation has recently opened on a judge in Poland who had applied the order of the CJEU in July, thus violating the order of the Court of Justice. however, the Polish government has stated that it cannot intervene precisely to respect the independence of the judiciary.
The decision by the European executive to seek financial penalties for Poland's failure to comply with a court order before a final ruling is passed on the case is highly unusual. A senior Commission official described the move as "very rare" and "not easy" after much deliberation. It looks like a sort of discrimination against the apese which, at present, is more recalcitrant to the orders of Brussels. We recall that there is a very heavy sentence by the constitutional court of Warsaw which practically sanctioned the superiority of domestic law, above all constitutional, Polish over European law, laying the foundations for a real European legal revolution.
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The article A daily fine by the Commission to Poland, until it folds comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/una-multa-giornaliera-della-commissione-alla-polonia-finche-non-si-pieghera/ on Wed, 08 Sep 2021 11:30:01 +0000.