In 2021, the European Commision brought an infringement action against Poland before the Court of Justice of the European Union, seeking a declaration that certain changes to the organization of the judiciary in Poland violate EU law.
The changes, the EC claimed, prohibited any national court from examining the fulfillment of the Union's requirements for judicial independence and impartiality.
During the ongoing proceedings, Poland was ordered by the CJEU in October 2021 to pay a periodic fine of EUR 1 million per day to the EC.
In March this year, Poland requested the CJEU to withdraw or modify the order imposing periodic penalty payment on it, stating that it has fulfilled its obligations under the measures by implementing legal changes.
In light of Poland's efforts, including the elimination of the Supreme Court Disciplinary Chamber, the CJEU has decided to lower the amount of the periodic penalty payment. However, the CJEU's vice president has noted that Poland has not completely and effectively suspended the application of national laws that prohibit national courts from examining compliance with the Union's requirements for an independent and impartial court.
The CJEU's vice president further stated that Poland has only partially suspended the application of provisions that transfer the investigation of allegations of a judge's lack of independence to the exclusive jurisdiction of the Supreme Court's Extraordinary Control and Public Affairs Chamber.
Nevertheless, the CJEU's vice president acknowledged that Poland has repealed provisions granting the Disciplinary Chamber certain powers to rule on the status of judges, and that the chamber no longer exists.
The EU will implement the reduced daily fine on Friday, Reuters reported.
(jh)
Source: PAP, Reuters