Poland set to challenge EU fines over rule of law breaches

By Jo Harper

WARSAW (AA) – Warsaw will submit an official request to Brussels calling for an end to EU penalties on Poland for breaches of EU rule of law principles, a government official said on Wednesday.

"In the coming days, we will submit an application to suspend the calculation of penalties. Poland has fulfilled its obligation," European Union Affairs Minister Szymon Szynkowski vel Sek told Radio Plus.

The application to the European Commission will contain information on how individual issues have been resolved, including the introduction by law of a procedure under which judges can apply for reinstatement, the minister said.

The European Commission has charged Poland with seven penalties in connection with a failure to comply with the Court of Justice of the European Union (CJEU) ruling on the disciplinary chamber of the Supreme Court.

In the summer of 2021, the CJEU obliged Poland to immediately suspend the application of the provisions relating to the powers of the Disciplinary Chamber of the Supreme Court.

In connection with the non-implementation of this decision at the end of October last year, the CJEU obliged Poland to pay a fine of €1 million ($1.05 million) per day to the European Commission. Since the fine was imposed, Warsaw has lost €267 million.

On July 15, new regulations came into force in Poland in which the disciplinary chamber of the Supreme Court was abolished and replaced with a new Chamber of Professional Responsibility.

EU Commission President Ursula von der Leyen said later in July that Poland "must fully comply with the CJEU's ruling, which hasn't happened yet." Brussels is demanding that Poland meet a series of rule-of-law "milestones" before funds can be unlocked.

Szynkowski vel Sek was also asked about the issues of restoring judges who, by a decision of the Disciplinary Chamber, cannot adjudicate.

"In this application, we will include information on how individual issues have been resolved by Poland, including the introduction of a procedure by law under which a judge can apply for reinstatement to adjudication," he said.

Poland's Justice Minister Zbigniew Ziobro last week accused the EU Commission of "stealing" millions from Poland "under pressure from Germany" as part of the dispute over the rule of law.

Ziobro said in a tweet on Oct. 28: "The European Commission has just stolen €30 million from us. Under pressure from Germany, persuaded by a German party in Poland."

Poland is also waiting for the release of €23.9 billion in grants and €11.5 billion in loans from the EU's pandemic relief fund as part of the National Recovery Plan.