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Polish legal reform published by the Court of the European Union

Polish legal reform published by the Court of the European Union

Monday’s ruling said, among other things, that the Disciplinary Chamber of the Polish Supreme Court “does not meet the requirements of independence and impartiality”.

It is also considered that the requirement that Polish judges declare in writing whether they belong to associations or political parties “violates the fundamental right of judges to the protection of personal data and respect for private life”.

Above all, the Court of Justice of the European Union also states that it has full authority to check the compliance of member states with the rule of law, including independent judicial systems.

by politicians

EU Justice Commissioner Didier Reynders commented on Twitter: “Today is an important day for the restoration of independent justice in Poland. We now expect Poland to fully comply with the ruling.”

If this does not happen, there is a risk of new judicial proceedings and new financial requests from the European Union.

However, the government of Poland did not seem eager to capitulate.

– Justice Minister Zbigniew Ziobro said, according to Agence France-Presse, that the EU’s highest court is corrupt, and believes that the ruling was “written not by judges, but by politicians.”

Billions of dollars

The decision is another step in the long-running battle between the European Commission and the rulers in Warsaw over the Polish judiciary.

The EU Court has already previously ordered Poland not to implement the changes the EU Commission has questioned for the time being and to pay the equivalent of several million kroner per day in fines as long as this does not happen.

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It has so far cost Poland more than SEK 5 billion.

– We sent six letters of request to Poland for the period between November 3, 2021 and April 20, 2023. You can calculate it yourself, but it’s about €500 million, UNHCR spokesperson Christian Wiegand said at a press conference earlier Monday.

Poland is still obligated to pay what has not yet been transferred, although the fine now expires as the court case is considered closed by Monday’s ruling.