Four associations of judges denounce the approval of the Polish recovery plan

Four European associations of judges announced this Sunday that they have filed a complaint with the Court of Justice of the EU (CJEU) against the approval of the recovery plan for Poland, which the European Commission took more than a year to validate due to the attacks against the judicial independence.

Thomas Osborne
Thomas Osborne
28 August 2022 Sunday 14:30
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Four associations of judges denounce the approval of the Polish recovery plan

Four European associations of judges announced this Sunday that they have filed a complaint with the Court of Justice of the EU (CJEU) against the approval of the recovery plan for Poland, which the European Commission took more than a year to validate due to the attacks against the judicial independence.

The case has been brought before the European Justice by the Association of European Administrative Law Judges (AEAJ), the European Association of Judges (EAJ), European Magistrates for Democracy and Liberties (MEDEL) and the Dutch Judges for Judges, according to reported in a statement the non-profit association The Good Lobby, whose experts have participated in the filing of the complaint.

In it, the judicial associations ask that the decision that approved the recovery plan for Poland be annulled because they consider that the milestones and objectives agreed between Warsaw and Brussels to unlock the funds "fall short" of what is necessary to "guarantee a effective judicial protection" and "do not take into account the judgments of the CJEU in this regard".

In this sense, the four associations of judges consider that the system to reinstate judges suspended by the disciplinary regime that Brussels forced to change is "incoherent" with the sentences of the European Justice, "undermines the position of Polish judges" who have result affected and attacks judicial independence.

The brief has been submitted to the General Court of the European Union, the court of first instance of the institution based in Luxembourg.

After months of negotiation, the Community Executive gave the green light to the plan after Poland agreed to include reforms of its judicial system, including the creation of a new disciplinary body and a review system for judges who were affected by the controversial chamber discipline of the Polish Supreme Court.

That approval by the European Commission did not go ahead with the approval of the entire team, since at least the Vice President responsible for Digital and Competition, Margrethe Vestager, and the Vice President for Climate, Frans Timmermans, voted against.

Subsequently, it was not endorsed by all the Member States either, since the Netherlands abstained and the European Parliament also expressed its doubts about the positive analysis of the institution led by Ursula von der Leyen.

Although Warsaw was no longer entitled to receive an advance of the funds, having delivered the plan after the deadline, its approval opens the door to the delivery of up to 35.4 billion euros, 23.9 billion euros in grants and 11.5 billion euros. euros in loans.

The disbursements, however, are conditional on the Polish government complying with the reforms and investments agreed with Brussels, including those related to its judicial system. EFE

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(More information on the European Union at euroefe.euractiv.es)