According to European critics, this new Polish Court is far from independent and delivers “rulings on demand” for the Polish government. For instance, judges appointed by the government ruled that European law no longer takes precedence over national law in Poland. This contradicts European legal standards, which dictate that European law supersedes national law.
Moreover, a ruling from that Court effectively eliminated legal abortion in Poland. This move by the European Commission is justified but should have been taken much earlier, said Dutch MEP Sophie In’t Veld (D66).
This infringement procedure was initiated back in 2021 and had been dormant for a long period. The timing is also notable, as Polish President Duda just last week asked this Court to review recent judicial reforms.
The disbursement of European subsidies from the large coronavirus recovery fund depends on this. Brussels refuses to release these funds if Poland does not comply with EU rules.
“It is good that the European Commission is now taking decisive steps against the Polish government. The Constitutional Court there is a puppet show, with the government pulling the strings. It is far from an independent judiciary, as EU law requires,” said In ’t Veld.
The Polish government disagrees with the Commission's reasons for approaching the Court in Luxembourg. “In other countries such as Spain and Germany, constitutional law is also placed above EU law. We stand by our opinion,” a spokesperson said.