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Poland refers EU rule of legislation subject to Constitutional Court docket


The courtroom will resolve whether or not a mechanism linking EU funds to rule of legislation is appropriate with Poland’s structure.

Poland’s Justice Minister Zbigniew Ziobro has requested a Polish courtroom to rule on whether or not a mechanism linking European Union funds to rule of legislation is appropriate with the nation’s structure.

Thursday’s transfer marks the newest growth in a long-running feud between Warsaw and Brussels over Poland’s perceived backsliding on EU democratic norms.

Brussels is already withholding approval of coronavirus restoration funds for Poland over the row.

“The European conditionality mechanism is intrinsically very harmful. It permits the European Fee, for arbitrary political unchecked causes, to make use of blackmail and even excessive financial violence,” Ziobro advised reporters.

“That’s why I made a decision to refer the matter to Poland’s Constitutional Court docket,” mentioned Ziobro, who can also be the EU member’s prosecutor normal.

Earlier this yr, Poland and its ally Hungary filed complaints with the European Court docket of Justice (ECJ) over the mechanism. A ruling is predicted in early 2022.

Poland’s governing nationalists have already referred a number of different EU issues to the Constitutional Court docket this yr.

In July, the courtroom dominated that any interim measures from the ECJ in opposition to Poland’s judicial reforms weren’t according to the structure, whereas in October it challenged the primacy of EU legislation over Polish legislation.

EU authorized motion

On Wednesday, the EU mentioned it was launching legal action in opposition to Poland for ignoring EU legislation.

The EU financial system commissioner, Paolo Gentiloni, mentioned the Polish Constitutional Court docket “now not meets the necessities of an impartial and neutral tribunal established by legislation, as required” by a elementary EU treaty.

Earlier this yr, the EU’s prime courtroom ordered Warsaw to pay 1 million euros (about $1.1m) a day for not suspending a controversial “disciplinary chamber” on the coronary heart of the bitter feud between Warsaw and Brussels.

The courtroom additionally ordered Poland to pay Brussels a day by day fantastic of 500,000 euros ($565,000) for failing to close a large coal mine that angered the neighbouring Czech Republic.

Warsaw has refused to pay.

Warsaw and Brussels have been at loggerheads for years over judicial reforms pushed via by the Regulation and Justice (PiS) authorities.

Brussels believes the reforms hamper democratic freedom however Poland says they’re wanted to root out corruption amongst judges.