(27 October 2021) – As Poland’s row over judicial independence continues to escalate, the European Court of Justice has imposed a €1 million daily fine on Warsaw for not implementing its summer orders.
On 14 July, the European Court of Justice ordered Poland to suspend certain powers of the country’s disciplinary chamber for judges. These powers included the ability to go after judges who apply EU law on judicial independence, its power to lift judicial immunity and to retroactively suspend all decisions already taken.
The European Commission asked the EU court on 7 September to impose a daily financial penalty for Warsaw’s non-compliance with the order. The Polish government defended its position, saying it did not have the power to implement the order.
The situation deteriorated even further in early October when the Polish Constitutional Tribunal, considered illegitimate by its critics, ruled that specific provisions of EU treaties are incompatible with the Polish constitution.
The Commission maintains that its decision to hold up the approval of Poland’s recovery plan, the next step in unlocking the funds, is a separate procedure “based on the criteria laid out in the” recovery fund regulation. (Euractiv)