The Polish government is awaiting the decision of the Court of Justice of the EU. It must decide on February 16 on the new European mechanism for conditionality of European Union funds on respect for the rule of law. Poland and Hungary have complained, claiming it is not legal.
From our correspondent in Warsaw,
The Polish government has been in the crosshairs of Brussels for several years for its judicial reforms which undermine the independence of justice. But until recently, European remonstrances had little effect on power in Warsaw. Poland has also refused to obey decisions of the Court of Justice of the EU and the Constitutional Court rejected, last year, the primacy of European law and the measures of the Court.
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But that could change. For several months now, the pressure has intensified on Poland’s portfolio. The recovery plan funds intended for it have not yet been disbursed. Fines have been imposed in two cases on the country, which has so far paid nothing except that the European Commission has announced that it could deduct them directly from European funds. The verdict expected today on the conditionality mechanism could, if validated, deprive Poland of precious subsidies.
Warsaw singled out for its attacks on the independence of justice
Pressure that seems effective since two judicial reform projects have been mentioned in recent days. One by MPs from the ruling Law and Justice party, the other by President Andrzej Duda. The latter did not hide it: the objective is to recover the funds from the recovery plan by settling this conflict with Brussels. Except that the two proposals are far from sufficient according to several observers. Nothing is said, for example, about the National Council of the Judiciary, responsible for appointing judges, which has been significantly overhauled by the ruling party and whose independence has been called into question.
How far is the Polish government ready to go, what compromise is it ready to make knowing that the economic context is not favorable to power. Inflation has indeed exploded in Poland. It should be the highest in the European Union in 2022. There was also a tax reform which came into force in January, and which caused great dissatisfaction.
A government weakened by its internal divisions
Within the coalition, there is a fierce anti-European, the Minister of Justice, Ziobro, and his small ultra-conservative party, Poland Solidarity, opposed to any compromise with Brussels. Ziobro has repeatedly denounced the ” illegal blackmail exercised by the European Union and its interference in the internal affairs of Poland. And the Minister of Justice, who also holds the post of Attorney General in Poland, does not intend to stop there. Coincidence of the calendar or not, today, the Constitutional Court examines, at its request, the conformity with the Polish Constitution of the European conditionality mechanism.
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