Poland has once again defended controversial reconstruction of its judiciary in detail against criticism of European Commission. Prime Minister Mateusz Morawiecki handed over to commission President Jean-Claude Juncker a so-called white Paper, which describes reforms as a progress for independence of judiciary and separation of powers.
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Juncker now wants to examine this, as his spokesman said. Morawiecki expressed confidence after meeting. “I think conversation this morning was promising, and I think we find a way out,” he said, having met with Juncker at an event of German Marshall Fund in Brussels.
Since its inauguration in 2015, national Conservative government in Warsaw has rebuilt Polish judiciary with a number of laws. The EU criticised to make ruling party PiS influence courts. The Commission refore launched a sanction procedure under article 7 of EU treaties against Poland in December, but set a three-month period for a course correction. This ends on March 20.
Justice Minister appoints Court presidents
However, white paper, which was handed down by Morawiecki, does not suggest that Poland should be diverted. It states that judicial reforms are necessary because courts are inefficient and only one in four Poles trust in ir independence. Almost 30 years after end of communist rule, judges were still sitting in courts. So far, re has been an imbalance between executive and judiciary, since judges were not accountable to anyone. Independence and a balance of powers would now be established.
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Poland does not do anything else than is usual in or EU countries, it continues. Cases would be distributed less arbitrarily in courts in future, judges less arbitrarily transferred by court presidents. Therefore, it is not a threat to rule of law that Minister of Justice can now appoint and dismiss court presidents. The article 7 procedure against Poland is not justified and could promote “anti-European sentiment” and “populist political forces”, warns government in Warsaw.
Venice Commission sees independence of judiciary at risk
Morawiecki said that event in Brussels was self-critical and that both sides had not communicated optimally yet. “Two monologues do not yet give rise to dialogue.”
The European Commission, in its criticism of Polish judiciary, supported, among or things, legal experts from so-called Venice Commission of Council of Europe, which came to conclusion in December: “The Venice Commission stresses that combination of changes (…) The negative impact of each of m, so that it puts independence of all parts of judiciary in Poland in serious danger. “
If conflict between Brussels and Warsaw Government is not resolved within three-month period, 27 or EU member States could act again. You could first find with fifths majority that in Poland re is a “clear risk of a serious breach” of EU values. Germany and France had recently increased pressure on Poland and clearly placed mselves on side of Commission.
