Poland will exercise its right to present information about its interpretation of the ruling by the Court of Justice of the European Union, regarding the Supreme Court, said deputy foreign minister Konrad Szymański. According to an EU source, on Monday evening, Poland sent its response to the European Commission, regarding the ECJ's order.
Poland sent its response to the European Commission regarding the ECJ's ruling to the European Commission on Monday evening, according to a source in the EU. On 19 October the ECJ ordered to implement temporary measures and to suspend the execution of the provision of the Supreme Court law, regarding sending judges aged 65 or older into retirement. The ECJ demanded, among other things, that judges who were already forced into retirement be brought back to work.
According to unofficial information, in its response, Poland reaffirmed it stance that the ECJ has overstepped its competencies, by interfering with the reforms of Polish judiciary, as it violates Article 5 of the EU Treaty. This is Poland's standpoint in the court proceedings as well.
Furthermore, Poland disgrees with both the Commission and the ECJ on the immediate effect of the European court's order and claims that the implementation thereof must be preceeded by Supreme Court law amendment. In the response, Poland argues that the ECJ's ruling says that "Poland is obligated" to suspend the Supreme Court law provisions and to reinstate the justices, which doesn't mean that these things automatically come into effect
However, Poland doesn't indicate exactly how the Supreme Court law should be changed, but rather that the amendment is necessary to implement the ECJ's order.
It is now up to the European Commission to decide if the recent steps taken, like the actual developments in the Supreme Court or judge Gersdorf's letter of compliance sent to the Commission, are satisfactory or if they expect amendment to the law.
"Poland is ready for loyal cooperation with the European Commission, as well as with the Court of Justice of the European Union, also in order to showcase its arguments and to exercise its court rights," Szymański told the journalists earlier on Monday in Brussels.
As he explained, court rights allow Poland to present information about its understanding and interpretation of the ECJ's order to implement the temporary measures in this particular case. "We will exercise this right. It will be the content of our response to the European Commission, that will be delivered on time," said Poland's EU Affairs Minister.
He refused to reveal any details of the document, but said at the same time that it may be made public. Asked about deputy head of the Commission Frans Timmermans' and ECJ chief Koen Lenaerts' suggestions that in contrast to Polish government's claims, there's no need for a new legislation in order to implement the temporary measures, Szymański said that regarding the rule of law, Poland has been at loggerheads with Timmermans for three years now.
"If all parties of the judicial proceedings had the same standpoint, than the proceedings would be unnecessary. The European court is exactly the place where differences in understanding the national and EU laws are highlighted. I don't see anything extraordinary in this," said Szymański. He also announced that Poland will respond to ECJ's actions, as long as they will take the form of orders or rulings.
A month ago, Poland was obligated by the ECJ to notify the European Commission, no later than within a month, about the steps it took to fully comply with the temporary measures order.
According to the Polish government, in order to implement the October's ruling if the ECJ, an amendment to the Supreme Court law would be necessary. Until then, Małgorzata Gersdorf is not the First President of the Supreme Court and judges who returned to the court are still retired.
According to some of the judges, on the other hand, ECJ's decision takes immediate effect. As a consequence, in the late October, Małgorzata Gersdorf called upon the retired judges to return to the Supreme Court to continue their judicial duties. Some of them were already assigned cases to examine.
Autor: gf / Źródło: TVN24 International, PAP