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Report
Top EU court finds against Polish judicial reforms
FRANCE 24 English
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6/5/2023
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00:00
The European Court of Justice has today passed judgment and ruled that Poland violated the EU rule of law
00:05
with its reform of the country's judiciary back in 2019.
00:08
Brussels says the reform left the Polish Supreme Court without the necessary independence and impartiality.
00:16
For years, Brussels has been warning that Poland risks heading down a path towards autocracy
00:20
with a clampdown on fundamental rights.
00:23
Let's get more now from France 24's Dave Keating, who's standing by for us at the European Council in Brussels.
00:27
Dave, just tell us a little bit more about today's ruling.
00:30
Yes, so what this ruling by the European Court of Justice, the EU Supreme Court, is saying is that
00:38
they are yet again agreeing with the European Commission that this constitutional tribunal set up in 2019
00:45
violates the principle of the rule of law.
00:48
Why? Because it is a government-appointed body that can fire judges, that can interfere with the judiciary,
00:56
and that's the commission, and ECJ say violates EU principles.
01:00
Now, this has been a big back and forth for several years.
01:03
Poland has already been subject to fines of one million euros per day because of a previous judgment
01:11
saying that this tribunal was not respecting the principle of rule of law.
01:15
Poland made some adjustments to it.
01:17
They got that fine reduced to half of that, so half a million euros per day.
01:22
But that fine is now something around 500 million euros, and that is supposed to be coming out of Poland,
01:28
what Poland is owed through the COVID recovery fund, which is still being dispersed.
01:32
So the Polish government wants to get this funding.
01:34
They want some kind of ruling from the ECJ saying that they've adjusted this judiciary system that they've set up.
01:42
However, there is a big split in the government about how far they should go to do so.
01:47
And even there's a law that was supposed to be going through the Polish legislature to change that constitutional tribunal system
01:54
more in line with what the ECJ is asking for, but in a surprise move, the Polish president, President Duda,
02:00
just referred that to the very court system that is under fire.
02:05
So this has been a big back and forth, and the ball is now in the government's court, how they're going to respond to this.
02:10
Are they going to say, "Okay, we've exhausted all options here. We have to comply."
02:15
Or are they going to dig in their heels and lose it out on that COVID funding and perhaps even worse?
02:21
All eyes will be on Warsaw for that.
02:23
And Dave, as we've been talking, we've been looking at protest pictures from the weekend.
02:27
I mean, huge crowds of people taking to the streets.
02:29
So clearly a lot of people there in Poland do share that concern of Brussels,
02:35
that Poland is sort of heading down a sort of rather slippery slope.
02:40
Yeah, this is part of the wider context here that a lot of Polish people, particularly city residents,
02:48
are very angry with the right-wing populist government, the Law and Justice Party,
02:53
for a number of actions kind of dismantling the rule of law and democratic freedoms.
02:57
These protests this weekend were specifically about a new anti-Russian influence law that the government has proposed,
03:04
which coincidentally would cover the time period from 2007.
03:08
That's when the opposition leader, Donald Tusk, was prime minister of Poland.
03:13
He later went on to become the president of the European Council, here where I'm at now.
03:17
And the opposition in Poland is calling this the Lex Tusk.
03:20
They say it's a law specifically designed to target him so that he can't challenge the ruling party in the next election.
03:28
But all those protests were also very much focused on this constitutional tribunal and this issue of the judiciary.
03:34
It's got all these things happening all at once.
03:37
And the Polish government has that election that they have to look ahead to.
03:41
And people are accusing the government, and those critics include the European Union and the US government,
03:47
which might hold more sway with the Polish government, that that is an interference with politics that is unacceptable.
03:54
So a lot of pressure on Warsaw to adjust these policies. The question is, will they?
03:59
Okay, well, thank you very much indeed for that update.
04:02
From Brussels, Dave Keating. Thank you.
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