Jourova: EU Commission will not hesitate to use infringement procedure against Poland

Vera Jourova took part in a session of the EU parliament's LIBE committee (European Parliament Committee on Civil Liberties, Justice and Home Affairs) on Wednesday. Among various topics, she also commented on the recently adopted law in Poland that allows judges criticising justice system reforms to be disciplined.

The vice-chair of the EU Commission said it was working on assessment of the new Polish court law that introduced disciplinary regime for Polish judges. She reminded that she had expressed her concerns on many occasions, including during her visit to Warsaw. Jourova underscored the EU executive would not hesitate to launch EU law infringement procedure with regard to to the latest amended law on Polish courts, as long as the ongoing legal analyses would justify taking such measures.

Potential launching of the EU law infringement procedure may later on lead to the case being referred to the EU Court of Justice, should the preceding dialogue with the Polish authorities proved ineffective.

Jourova also stressed the Commission was working on a new preventive mechanism regarding the rule of law. It would assume an annual assessment of the rule of law condition in all member states. She added that such mechanism would focus on monitoring constitutional order, judicial independence, tackling corruption and media pluralism. Deputy EU Commission chief said a discussion was ongoing with member states as to the methodology of rule of law assessment and collection of appropriate data. Jourova expressed her hopes to have a draft document ready by fall.

Law and Justice MEP, former deputy justice minister, Patryk Jaki said during the debate that since he has joined the EU parliament he constantly hears about bad situation in Poland, "and yet no one has been able to explain exactly how the rule of law standards are being violated". He argued that justice system solutions adopted in Poland, functioned also in other member states.

Poland's President Andrzej Duda has signed the controversial amendment to court laws, referred to by critics as "muzzle law" or "repressive act".

The legislation would give the recently formed disciplinary chamber of the Supreme Court more leeway to discipline judges who have been contesting the judiciary reforms introduced by the ruling Law and Justice (PiS) party.

PiS claims that the legislation is necessary to avoid chaos in the justice system, that it would bring stability and restore citizens' trust in courts.