European Commission gives Poland ultimatum over Disciplinary Chamber

The European Commission (EC) sent a letter to the Polish government on Tuesday in which it asked about the methods through which Poland will introduce the CJEU’s ruling concerning the Supreme Court’s Disciplinary Chamber. The letter also warned Warsaw that if it does not comply with the ruling, then the European Commission may request the imposition of financial sanctions.

“The EC has decided to authorize Commissioner for Justice Didier Reynders to use measures meant to encourage Poland to abide with the CJEU’s decision. We have sent a letter to Poland concerning the matter,” said European Commission Vice President Vera Jourova.

She states that Poland was asked to confirm whether it would fully abide the ruling concerning the Disciplinary Chamber and that it should declare whether or not it had undertaken the measures by August 16.

Jourova warned that if the Polish government does not comply, the EC will turn to the CJEU to impose punishment against Poland, most likely in the form of financial sanctions.

President of the European Commission Ursula von der Leyen also commented on the letter, warning that the EC would not hesitate to use its alleged powers stemming from EU treaties.

Today we sent a letter to Poland, asking Poland to explain how it applies the interim measures and recent ruling of the CJEU to safeguard judicial independence.
  
The @EU_Commission will not hesitate to make use of its powers under the Treaties.

— Ursula von der Leyen (@vonderleyen) July 20, 2021

The spokesman of the Polish government Piotr Muller responded to the whole affair on Twitter.

“The Polish government will carry out an analysis of the documents presented by the EC. Poland, much like other EU counties, underlines the necessity to abide the laws of EU treaties. They clearly state which competencies have been given to the EU and which ones remain with member states,” he wrote.

Polski rząd dokona analizy dokumentów przedstawionych przez KE. Polska, podobnie jak inne kraje UE, podkreśla konieczność przestrzegania przepisów unijnych traktatów. Określają one wprost, które kompetencje są przekazane UE, a które pozostają wyłącznymi kompetencjami krajów.

— Piotr Müller (@PiotrMuller) July 20, 2021

He also noted that the currently enacted legal solutions in Poland are similar to those that exist in other EU countries.

“We will undertake appropriate dialogue with the EC to explain the essence of the differences in opinions on this matter,” Muller stated.

Former Polish PM Beata Szydło strongly criticized EC’s ultimatum, emphasizing that the position of the Polish Constitutional Tribunal concerning the CJEU’s ruling was shared by other countries’ tribunals.

By issuing an “ultimatum” demanding Polish compliance, the EC is disregarding the Polish Constitutional Tribunal’s position. A position shared by Constitutional Tribunals in other EU countries. The EC thinks Poland is a second-class country – easily frightened & blackmailed.

— Beata Szydło (@BeataSzydlo) July 20, 2021

Title image: European Commission Vice President Vera Jourova declared that Poland was asked to confirm whether it would fully abide by the ruling concerning the Disciplinary Chamber and should inform of undertaken measures by August 16. AP Images.