EU action against Poland over the Constitutional Court ruling

EU action against Poland over the Constitutional Court ruling ...

BRUSSELS, Dec 22 - The European Commission launched a infringement case against Poland on Wednesday against the state's constitutional courts in July and October who dismissed the first class rule as national law.

The Commission considers these rulings of the Constitutional Tribunal violate the common principles of autonomy, primeacy, effectiveness and uniform application of Unions law and the binding effect of its powers, the Commission said.

The Legal Action by the Commission, which holds EU treaties, is a escalade of Warsaw dispute over the rule of law that began when Poland's ruling nationalist and eurosceptic PiS party took power in 2015.

The clash ended in a delay to the release of billions of euros from the EU recovery funds to Poland, because the Commission says the Poland courts aren't independent of political influence so that the money isn't protected against misuse.

In a statement, the Commission said it was also launching the infringement measures because the Polish constitutional tribunal's rulings deprived individuals seeking action from the Polish courts of the European treaties' right to effective judicial protection.

"Finally, the Commission has serious doubts concerning the independentness and impartiality of the Constitutional Tribunal, and considers that it doesn't meet the requirements of a statute set before now," the commission said.

The Polish Premier Mateusz Morawiecki said he does not agree with the European Commission's position and that it misinterpreted the powers conferred to him.

"At the earliest a week, the European Union members have noticed that there must be a limit to their competences," he said.

Poland has two months to write a formal notice of interest sent on Wednesday. If the Commission isn't satisfied with Warsaw's reply, it can send a reasoned opinion to Poland asking for a new year's amendment to EU law.

After that, the Commission can sue Poland in the European Court of Justice, which can enforce daily fines on Warsaw till it complies. It has already imposed such daily fines on Poland in two other cases, which now add up to 1.5 million euros ($1.70 million) per day.

$1 = 0,8850 euros)

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