The Polish Bulldozer. Towards a win-win-win for Poland, the EU and the European Commission
The Polish Bulldozer. Towards a win-win-win for Poland, the EU and the European Commission

Author(s): Author Not Specified
Subject(s): Constitutional Law, Post-Communist Transformation
Published by: ESI – European Stability Initiative
Keywords: Polish courts; ECJ;
Summary/Abstract: Today the European Commission faces a momentous decision on Poland. It must turn to the European Court of Justice (ECJ) and ask for an unprecedented penalty payment from a government which is refusing to implement one of the most important ECJ judgements in the history of European integration. On 15 July 2021 the ECJ issued a historic judgement. It concluded that the Polish disciplinary system for judges violated the EU treaties and that Polish judges have good reason to fear consequences if they issue judgements that displease the government. For the Commission to preserve the independence of Polish courts it must ask the ECJ now to declare that Poland has failed to fulfil its obligations to implement the 15 July judgement and to impose a penalty payment

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