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One million euro a day – this is a penalty for Poland for ignoring the interim measures imposed by the CJEU

October 27th, 2021

One million euro a day for failure to comply with the interim measures imposed against Poland in July 2021 by the CJEU. This is the penalty imposed on Poland today by the Vice-President of the Court of Justice of the EU for failure to enforce the CJEU order, which obliged Poland to suspend the application of the provisions concerning the illegal Disciplinary Chamber and the provisions of the so-called “muzzle act”.

This is a punishment that Polish citizens will have to pay for Zbigniew Ziobro’s “reforms”, for the stubbornness and arrogance of the PiS government.

This is a punishment for the fact that the PiS government ostentatiously ignores the rulings of the CJEU, that members of the illegal Disciplinary Chamber keep examining cases of lifting the judge’s immunity, that Małgorzata Manowska is only taking sham actions instead of executing the rulings of the CJEU, that Ziobro and its dependents disciplinary commissioners apply the suspended provisions of the muzzle act, that the suspended Judges Igor Tuleya and Paweł Juszczyszyn are still not allowed to adjudicate cases.

Compliance with the interim measures ordered on 14 July 2021 is necessary in order to avoid serious and irreparable harm to the legal order of the European Union and to the values on which that Union is founded, in particular that of the rule of law.

In today’s order, The Vice-President also recalled that a Member State cannot plead provisions, practices or situations prevailing in its domestic legal order to justify failure to observe obligations arising under EU law and that those obligations are binding on all their authorities, including, for matters within their jurisdiction, the courts.

In those circumstances, the Vice-President of the Court considered that it appears necessary to strengthen the effectiveness of the interim measures imposed by the order of 14 July 2021 by providing for the imposition of a periodic penalty payment on Poland in order to deter that Member State from delaying bringing its conduct into line with that order.

The Vice-President also stated that the Polish Government has not adduced evidence before the Court capable of establishing that the assertion that, despite the inadequacy of the measures adopted following the adoption of the order of 14 July 2021, Polish courts are complying in principle with that order is well founded.

Lastly, the expressed intention to adopt, within a year, a series of measures intended to reform the Polish judicial system is not such as to prevent, in the absence of immediate action by Poland, the occurrence of serious and irreparable harm to the legal order of the European Union.

We would like to remind you that by the order of the Vice-President of the CJEU of 14 July 2021, Poland was obliged, inter alia, to suspend the illegal Disciplinary Chamber in examining cases concerning the lifting of a judge’s immunity, to withdraw previous decisions adopted by the DC in this regard and to reinstate judges Tuleya and Juszczyszyn to work as  well as to suspend the application of certain provisions of the muzzle act.

The order of the Court of Justice of the EU is addressed to all the bodies of the Republic of Poland, including the courts, who must cease to apply the provisions of national law referred to in that order until the date of delivery of the judgment closing the proceedings in Case C‑204/21.

Due to the fact that the Polish authorities, Ms. Małgorzata Manowska and members of the illegal Disciplinary Chamber have ignored the CJEU ruling – and the Disciplinary Chamber continues to examine judge’s immunity cases, judges Tuleya and Juszczyszyn still cannot adjudicate, and Zbigniew Ziobro and disciplinary commissioners keep applying the muzzle law, the Vice-President of the CJEU issued a decision today ordering Poland to pay the European Commission a periodic penalty payment of EUR 1 000 000 per day.


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