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Protesters carry Polish and EU flags in Krakow, Poland on October 10. Photo: EPA-EFE

EU court fines Poland over US$1 million a day in bitter legal feud

  • The move risks deepening a stand-off over EU law which some fear has put Poland’s membership of the bloc in question
  • A Polish government spokesman slammed ‘the road of penalties and blackmail’ against the country
Poland

The EU’s top court on Wednesday ordered Poland to pay €1 million (US$1.16 million) a day for not suspending a controversial “disciplinary chamber” at the heart of a bitter feud between Warsaw and Brussels.

The European Commission requested the fine last month after the Polish authorities failed to comply with an interim judgment from July ordering an immediate halt to the activities of the chamber.

Poland’s Prime Minister Mateusz Morawiecki has yet to deliver on a promise to close down the body that is seen by critics as a way to keep judges in line with government policy.

The latest move risks deepening a bitter stand-off over judicial independence and the primacy of EU law which some fear has put Poland’s membership of the bloc in question.

The towers of the European Court of Justice are seen in Luxembourg in January 2017. Photo: Reuters

“The road of penalties and blackmail against our country is not the right one,” Polish government spokesman Piotr Muller tweeted.

“This is not the model in which the European Union – a union of sovereign states – should operate.”

Poland’s Constitutional Court earlier this month ruled that parts of EU law were incompatible with the Polish constitution in a decision denounced by Brussels.

The dispute soured a summit of EU leaders in Brussels last week at which Morawiecki said Poland was “ready for dialogue” but would not “act under the pressure of blackmail”. He later accused the EU of putting a “gun to our head” by threatening sanctions if Warsaw did not comply.

Several EU leaders at the summit had insisted Brussels should not release €36 billion (US$42 billion) in pandemic recovery money that Poland badly wants while the issue is unresolved.

The bloc’s executive said it was also mulling other options including pushing to suspend some of Warsaw’s voting rights or triggering a new mechanism to withhold funds.

Warsaw and Brussels have been at loggerheads for years over the judicial reforms pushed through by the Law and Justice (PiS) government. Brussels believes the reforms hamper democratic freedom but Poland says they are needed to root out corruption among judges.

The court said the fine announced on Wednesday would start from when Poland is “notified” of the order and remain in force until it complies with the earlier judgment or a final ruling is reached. A European source said the commission would ask for the payment as early as Wednesday.

This article appeared in the South China Morning Post print edition as: EU imposes €1m a day fine in bitter legal feuda million euros a day in legal row
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