Due to violations of EU law, the European Commission is launching a sanctions procedure against Poland. The country has two months to rectify the situation
“The Constitutional Tribunal, in its rulings of 14 July 2021 and 7 October 2021, found the provisions of the EU treaties to be incompatible with the Polish Constitution, directly challenging the primacy of EU law. Poland has two months to respond to the letter of formal notification. The Commission considers that these rulings of the Constitutional Court violate the general principles of autonomy, supremacy, effectiveness and uniform application of Union law as well as the binding force of rulings of the Court of Justice of the European Union”, – the statement said.
It is noted that the court ordered Poland to immediately suspend the provisions under which the Disciplinary Chamber of the Supreme Court can decide on applications to lift judicial immunity, as well as on employment, social security and dismissal of Supreme Court judges. Also suspend the decisions already taken by the Disciplinary Chamber to lift judicial immunity. Suspend the provisions prohibiting Polish judges from directly applying EU law protecting judicial independence and referring the Court to preliminary decisions on such matters.
As regards the above-mentioned judgments of the Court of 14 and 15 July 2021, the Commission considers that Poland has not taken the necessary steps to fully implement them.
The Commission thus adopted two decisions on 7 September 2021:
First, to request the Court of Justice of the EU to impose financial sanctions on Poland in order to ensure compliance with the Court’s interim measures order required under Article 279 TFEU (of 14 July 2021). On 27 October 2021, the Court imposed a fine of €1 million per day on Poland until full implementation of the 14 July 2021 interim measures order.
Secondly, to send a letter to Poland with a formal notification under Article 260(2) TFEU concerning the failure to take the necessary measures to fully implement the Court’s judgment (of 15 July 2021) finding that Poland’s law on the disciplinary regime for judges was incompatible with EU law.
The Polish authorities submitted their response on 8 November 2021. This response is currently being analysed in detail in order to decide on further steps.