The European Commission started sanctions process against Poland
On Saturday, July 29, the European Commission officially launched a procedure for imposing sanctions against Poland. This happened after one of the laws on the reform of the Polish judicial system that had gained notoriety was published and entered into force. Now Warsaw has a month to respond to Brussels' official note, the statement on the European Commission website reads. Depending on the response of the Polish authorities or the absence of the response, the European Commission can proceed to the next stage of the penalty procedure.
The sanction procedure is implemented in several stages. If the official requirement on the claims is not followed by a satisfactory answer, the European Commission will issue a reasoned opinion. Then, if the country-violator does not bring its policy in line with this conclusion within the established time limit, the European Commission can apply to the European Court of Justice.
Earlier reports claimed that as a result of this, Poland could lose its voting power in the EU Council.
On July 25, President of Poland Andrzej Duda signed the law on general courts, one of two laws concerning the reform of the judicial system. At the same time, the head of state vetoed two other draft laws on judicial reform: the reorganization of the Supreme Court and the National Council of Judicature, explaining that they are inconsistent with the Constitution. In such a manner the President reacted to the many thousands of protest actions held in the country and the threat of sanctions from the EU.
The First Vice-President of the European Commission Frans Timmermans welcomed Duda's veto right application. At the same time, he stressed that as soon as the government starts dismissing the judges of the Supreme Court, Brussels will immediately begin the procedure under article 7 of the EU treaty providing for sanctions, up to the removal of the country-violator’s the voting power.
The European Commission sent a letter to Warsaw with the official note after the law on the work of the general courts had been officially published in Poland on July 28.
Timmermans explained why the law caused so much concern in the EU: it specifies different retirement ages for male and female judges, which violates the EU treaty and the gender equality and employment directives. In addition, the law endows the Minister of Justice with the authority to appoint and dismiss judges, and this can undermine the independence of Polish courts. According to Timmermans, Warsaw was given a month to eliminate these violations.