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MEDEL statement on the EU Commission’s decisions about Poland

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Today, September 7th 2021, the European Commission decided to act in order to guarantee the respect of the decisions issued by the Court of Justice of the European Union in defence of the Polish justice system.

The Commission decided to request the CJEU to impose a daily penalty payment on Poland to ensure compliance with the Court's interim measures order of 14 July 2021, requested under Article 279 TFEU, related to the functioning of the Disciplinary Chamber of the Polish Supreme Court and the suspension of further provisions of Polish law affecting judicial independence.

The Commission also decided to send a letter of formal notice under Article 260(2) TFEU to Poland, for not taking the necessary measures to comply fully with the judgment of the CJEU of 15 July 2021, finding that Polish law on the disciplinary regime against judges is not compatible with EU law.

MEDEL welcomes these initiatives of the European Commission. Together with Iustitia and Lex Super Omnia, its Polish member associations of judges and prosecutors, MEDEL has for long demanded a strong and effective action by the European Commission, as guardian of the Treaties, in order to ensure the respect of the fundamental values of the EU, such as the independence of the judiciary and the respect for the Rule of Law. These values are a cornerstone of the entire EU legal system.

MEDEL hopes that these initiatives will bring the Polish authorities to comply with the decisions of the CJEU and make all Member States reflect on the need to protect and respect the Rule of Law, in all its aspects.

MEDEL once again reaffirms that this is not a problem concerning exclusively Poland or the Polish judiciary – it concerns all Member States and all EU citizens. Without respect for the Rule of Law and the independence of the Judiciary, wherever it may occur, the fundamental rights of all EU citizens are affected.

September 7th, 2021

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