Poland at tail end in number of unimplemented CJEU judgments

According to official data, Poland is in the vanguard of the countries that have the lowest number of unimplemented judgments of the Court of Justice of the European Union. Despite that fact, the EU still puts pressure on Poland, threatening that it would cut the country from the common fund.

Greece has not implemented as many as 12 judgments of the CJEU and is an absolute record holder in this matter. Italy has not complied with nine rulings, Spain with six, Portugal with three, Germany, Belgium and Ireland with two apiece. Poland, in turn, has not complied with just one judgment of the EU court.

On July 14, Poland was obliged to "immediately suspend" the application of national provisions relating to the powers of the Disciplinary Chamber of the Supreme Court. The decision to apply interim measures was taken by the Vice-President of the CJEU, Rosario Silva de Lapuerta.

On the same day, the Polish Constitutional Court ruled that the provision of the EU treaty, based on which the CJEU obliges the Member States to apply interim measures in the case of the judiciary, is inconsistent with the constitution. In the justification of the judgment of the Constitutional Court, it was indicated that the EU could not replace the Member States in creating regulations concerning the judiciary system and the guarantee of the independence of judges.

The next day, the CJEU issued a judgment in another, but related case, ruling that the system of disciplinary liability of judges in Poland was not compatible with EU law and that Poland had breached its obligations under EU law.

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