European Commission advances infringement procedure against Poland on rule of law

Source: Xinhua| 2019-07-18 04:17:49|Editor: yan
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WARSAW, July 17 (Xinhua) -- The European Commission on Wednesday sent a reasoned opinion to Poland, criticizing a disciplinary regime for judges set up by the ruling party Law and Justice (PiS), in what constitutes a second step in an infringement procedure launched against Warsaw in April.

On April 3, the European Commission launched an infringement procedure against Poland, arguing that a new Supreme Court Disciplinary Chamber created by PiS as part of its set of justice reforms was contrary to the principle of judicial independence.

"The new disciplinary regime does not guarantee the independence and impartiality of the Disciplinary Chamber of the Supreme Court, which is composed solely of judges selected by the National Council for the Judiciary, which is itself appointed by the Polish Parliament," the Commission argued in the opinion it sent to Poland. The Commission claims this means Poland's ruling party exercises political control over the disciplinary court.

The reasoned opinion is a second step in the infringement procedure and can be followed by referring the case to the Court of Justice of the EU. Poland now has two months to reply to the Commission.

"This is a typical politically motivated decision. I have a deep hope and believe that the new Commission will normalize relations with Poland and give up this type of action," Michal Wojcik, Secretary of State in the Polish Ministry of Justice, said in response to the news.

"There are no reasons or grounds to accuse Poland of anything related to disciplinary proceedings against judges," Wojcik added.

Poland has been embroiled in a long-term conflict with Brussels over reforms in the justice system, which PiS argues are necessary to reduce corruption and regenerate the system and Brussels says are contrary to EU norms.

In 2017, the Commission took the unprecedented step of triggering Article 7 proceedings against Poland, which could theoretically lead to suspension of voting rights in the Council.

In addition to the procedure launched in April, the Commission had earlier launched two similar infringement procedures against Poland on issues related to the rule of law.

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