Judicial Intervention Controversy: Polish Judges' Disciplinary Committee... ECJ Orders "Cease Function"
Poland Protests as "Expropriation and Intimidation Act"
[Asia Economy Reporter Kim Suhwan] The European Court of Justice (ECJ), the highest court of the European Union (EU), has ordered Poland to pay a record-high fine of 1 million euros (approximately 1.4 billion KRW) per day.
This fine comes amid escalating tensions between the EU and Poland over controversies surrounding Poland's recent push to establish a Supreme Court Disciplinary Chamber, which is seen as an attempt at political interference in the judiciary. The imposition of the fine is expected to further heighten these tensions.
On the 27th (local time), the ECJ ordered Poland to pay a daily fine of 1 million euros for failing to suspend the functions of the Supreme Court Disciplinary Chamber, which could undermine the judiciary.
According to reports from the Associated Press and The Wall Street Journal (WSJ) on the same day, the ECJ's decision follows Poland's failure to comply with a provisional measure issued in July that required the suspension of the Disciplinary Chamber's functions.
The fine that Poland must pay to the EU Commission will apply until Poland complies with the ECJ's provisional measure or until a final ruling is issued.
Previously, the European Commission, the EU's executive body, requested the ECJ to order the suspension of the Disciplinary Chamber of the Polish Supreme Court, citing concerns that it could undermine the country's judiciary.
However, when Poland did not comply with this order, the European Commission requested the imposition of fines again last month.
The ECJ stated, "It is necessary to comply with the provisional measures ordered in July to prevent serious and irreparable harm to the EU's legal order and the values on which the EU is founded, especially the rule of law."
In response, Sebastian Kaleta, Poland's Deputy Minister of Justice, reacted on Twitter, calling the order "expropriation and intimidation."
The right-wing nationalist ruling party in Poland, Law and Justice Party (PiS), has implemented various judicial reforms since coming to power in 2015, sparking controversies over interference in the judiciary.
The European Commission has criticized PiS's judicial reforms for seriously undermining the EU's values of judicial independence, the rule of law, and democracy, leading to ongoing conflicts with Poland.
On the 7th, tensions escalated further when Poland's Constitutional Tribunal ruled that the Polish constitution takes precedence over EU treaties and decisions within Poland.
The EU has recently applied economic pressure, such as withholding recovery funds prepared for post-COVID-19 economic recovery, from Poland.
In response to such external pressure, Poland previously announced plans to abolish the Supreme Court Disciplinary Chamber but has yet to present concrete plans.
Recently, conflicts between the EU and major Eastern European countries such as Poland and Hungary have been spreading.
Since PiS took power in Poland in 2015, issues regarding judicial independence have been continuously raised. Recently, Poland has also sparked controversy over press freedom by pushing legislation that forces foreign companies to sell their stakes in domestic media outlets.
Meanwhile, Hungary has passed laws banning minors' access to all media depicting sexual minorities, among other discriminatory measures against LGBTQ+ individuals, provoking backlash from the EU.
As conflicts over democratic values and human rights worsen between the EU, Poland, and Hungary, some European leaders have emphasized the need to ease tensions.
At last week's EU summit, German Chancellor Angela Merkel stated that the legal battle over the Poland issue is excessive and called for seeking solutions through dialogue. Additionally, some European leaders stressed that excessive economic sanctions should not be imposed on Poland.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
