Komisja Europejska informuje w Komunikacie z 30 października, że przechodzi do następnego etapu w postępowaniu w sprawie uchybienia zobowiązaniom państwa członkowskiego do ochrony niezawisłości sędziów w Polsce:

Rule of Law: European Commission takes next step in infringement procedure to safeguard the independence of judges in POLAND

Today, the European Commission moves forward with the infringement procedure opened on 29 April 2020 against Poland by sending a reasoned opinion regarding the law on the judiciary of 20 December 2019, which entered into force on 14 February 2020.

The Commission considered that the Polish law on the judiciary undermines the independence of Polish judges and is incompatible with the primacy of EU law. Moreover, the law prevents Polish courts from directly applying certain provisions of EU law protecting judicial independence, and from putting references for preliminary rulings on such questions to the Court of Justice of the European Union. The Polish government had two months to respond to the Commission’s concerns included in the letter of formal notice of 29 April 2020. In its reply, the Polish Government contested the reasoning put forward by the Commission and requested the discontinuation of the infringement procedure. The Commission has analysed the reply of the Polish Government and considers that it does not address the concerns expressed in the letter of formal notice.

The Polish Government has two months to take the necessary measures to comply with the reasoned opinion, otherwise the Commission may refer the case to the Court of Justice of the EU.