Rock Rachon: ongoing debate on the rule-of-law

The dispute about the rule-of-law and the judiciary in Poland between Warsaw and Brussels is ongoing, especially after recent rulings of both Polish and European courts.

The ruling of Polish Constitutional Court (TK) caused some tensions within the Polish power structure, as a significant group of judges protested against this ruling, by appealing to the lawmakers to suspend the activity of the Disciplinary Chamber on the Supreme Court (ID SN).

On June 14, TK ruled that the provision of the EU treaty, based on which the Court of Justice of the EU obliges member states to apply interim measures concerning the national judiciary, is non-compliant with the constitution. Shortly before the announcement of the judgment, the vice-president of the CJEU, Rosario Silva de Lapuerta, issued a decision on the application of interim measures against Poland.

The European Commission (EC) has warned Poland that it will ask the CJEU to impose financial sanctions on the country if Warsaw fails to implement a recent court ruling on ID SN . Poland has to present a solution by August 16.

Moreover, the European Court of Human Rights (ECHR) ruled on the Joanna Reczkowicz vs Poland case stating that it found “serious irregularities in the appointment of judges to the ID SN after the legislative reform”.

Some Polish politicians also suggest that, as in the case of Hungary, any delay in the payment of EU funds could result in their deduction from the contributions Poland sends to the EU every year.

The guests of Rock Rachon were Enikő Győri, Jack Montgomery and Matthew Tyrmand.

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