European Union court orders Poland to pay $1M euros a day as judicial dispute escalates
Image credit: Politico |
Warsaw should not keep getting huge EU subsidies while
ignoring bloc's democratic values, critics say
The European Union raised the stakes Wednesday in a standoff
with Poland over judicial independence and the primacy of EU law, with the
bloc's top court fining Poland $1 million euros ($1.4 million Cdn) a day to
prevent what it called "serious and irreparable harm" to the EU's
legal order and values.
The European Court of Justice imposed the penalty after a
weeklong war of words in which Poland told the EU to stay out of its judicial
affairs while other EU nations insisted that Warsaw could not continue to get
huge EU subsidies while disregarding the bloc's democratic principles at will.
"You cannot pocket all the money but refuse the
values," Belgian Prime Minister Alexander De Croo said Wednesday, warning
Poland not to treat the EU like "a cash machine."
The Court of Justice said the daily fine was "necessary
in order to avoid serious and irreparable harm to the legal order of the
European Union and to the values on which that Union is founded, in particular
that of the rule of law."
EU holds up pandemic funds for Poland
The EU's executive commission had requested the penalty
until Poland's right-wing government acts to improve the functioning of the
Polish Supreme Court and suspends new laws deemed to undermine judicial
independence and erode democratic checks and balances.
The commission is also holding up 36 billion euros ($52
billion Cdn) in EU funds earmarked for Poland's pandemic recovery as long as the
country does not change its ways.
Poland's deputy justice minister, Michal Wojcik, hinted that
Poland may not respect the European court's decision once again, arguing that
it's not a proper ruling and has "no legal basis" because the court
allegedly acted outside its jurisdiction.
Radoslaw Fogiel, a spokesperson for Poland's nationalist
ruling party, brushed the penalties off, saying Poland's contribution into the
EU coffers is much larger than that.
Overall, however, EU figures show that Poland is a net
recipient of 12 billion euros ($17 billion Cdn) a year from the bloc.
Changes to judiciary a major issue
Poland's nationalist ruling party, Law and Justice, has been
in conflict with Brussels since winning power in 2015 over a number of matters,
including migration and LGBTQ rights. The longest-running dispute, however, has
centred on the Polish government's attempts to take political control of the
judiciary.
The matter came to a head earlier this month when Poland's
constitutional court ruled that some key parts of EU law are not compatible
with the nation's Constitution.
The court stacked with ruling party loyalists gave its
opinion after Polish Prime Minister Mateusz Morawiecki asked it to decide on
whether EU or national law has primacy.
The point of contention is the Disciplinary Chamber of the
Supreme Court, a body that the ruling party empowered to discipline judges.
Many Polish judges view the chamber as a tool to pressure judges to rule in
favour of the governing authorities.
In July, the European Court of Justice ordered the
suspension of the disciplinary chamber, but it is still operating.
Morawiecki told the European Parliament last week that the
chamber will be abolished, but he gave no precise time for when that would take
place. Wojcik said the proper legislation will come in "due time."
Wednesday's decision also comes on the heels of an EU
summit, where Polish arguments that its fundamental judicial changes would not
undermine the EU failed to convince key bloc leaders.
Among them was French President Emmanuel Macron, who met
with Polish President Andrzej Duda in Paris on Wednesday.
'Playing a dangerous game'
Morawiecki's recalcitrance crystallized in an interview with
the Financial Times over the weekend.
When asked if Poland could retaliate by using its EU veto
power to block legislation on climate issues, for instance, Morawiecki said:
"If they start the third World War, we are going to defend our rights with
any weapons which are at our disposal."
The interview did not go down well with Morawiecki's EU
colleagues.
"You are playing a dangerous game," De Croo said.
"This is about the overwhelming majority of member states — from the
Baltics to Portugal — who agree our Union is a union of values, not a cash
machine."
The fine imposed on Wednesday comes on top of a 500,000 euro
daily fine that the Court of Justice ordered Poland last month to pay for
having ignored its injunction to close the Turow brown coal mine. The ruling
came in a dispute between Poland and the Czech Republic.
Poland argues it cannot do without the seven per cent of its
energy that the Turow power plant is generating. Morawiecki has indicated
Poland is prepared to pay, and can afford it.
Source CBC
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