The European Commission will not withdraw from the trial against Poland against CJEU



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The European Commission will not withdraw its complaints against Poland on the issue of the Supreme Court of the European Court, although the Polish government's decision is a positive step – said the Czech journalist, Judge Commissioner Vera Jourov. – In my opinion, there is a legal argument that the European Commission should not withdraw from the case – said Adam Bodnar, an ombudsman in "Rozmisz Piasecki" on TVN24.

The EU Commissioner for Justice in connection with a trial initiated at the initiative of the European Commission on Poland said that "the action continues and will end".

The Czech Commissioner, in a conversation with a reporter from Czech public radio, stressed that the latest amendment to the Law in the Supreme Court did not stop the process which began on the basis of Article 7 of the Agreement on the European Union. It is about a case of alleged violations of the rule of law by the Polish authorities introducing changes in the judicial dimension.

"The European Commission's complaints about Poland in the European Court regarding the reform of the Supreme Court are upheld and will continue despite changes that occurred last week in Warsaw," wrote iROZHLAS radio journalist Filip Harzer on Twitter after speaking with Commissioner Jourová.

Bodnar: This requires further clarification

The words of the EU Commissioner were commented on Wednesday by TVN24, Adam Bodnar, the Ombudsman. When asked in the "Piasecki" conversation, whether the amendment to the Supreme Court Law was "the end of the war" with the European Commission, he said: "We must consider whether the Commission will really withdraw its case.

– In my opinion, there is a legal argument for the fact that it will not withdraw from the case – he said.

– I am, of course, happy that this bill has been amended, but I think that I will return to the question Marek Borowski: what are the benefits for us? – Bodnar pointed.

He considered that the Polish government must rely on a decrease in emotions in relations with the European Commission.

He also pointed out that there were still problems with EU procedures regarding Poland's compliance with the rule of law. According to Bodnar, it must continue, because "we still have problems with the independence of fruit farming as a rule in the context of the functioning of the general court, disciplinary division, the National Council of Justice and the Constitutional Court."

– This requires further explanation, dialogue and further pressure – he judged.

Express Amendment

Parliament passed an amendment to the law in the Supreme Court on Wednesday, which gave judges the Supreme Court and the Supreme Administrative Court who were forced to retire after reaching the age of 65 and returning to office.

Amendments to the Law on MV occurred after the decision of the European Court of Justice.

On October 19, the CJEU agreed with the European Commission's proposal and decided initially to implement so-called temporary measures. CJEU wants, among other things, that judges who are forced to retire in the light of new regulations are restored.

Author: ft // now
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Source: tvn24, iROZHLAS

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