Tuesday, 16 Apr 2024

EU civil war: Furious Brussels vows to crack down on Poland and Hungary

Brussels sent a firm warming to EU states as it vowed to investigate breaches of EU law in Warsaw and Budapest. Both countries have been engaged in long-running disputes with the EU over disagreements with policies, which has served to drive a wedge between eastern Europe and the rest of the bloc. The Hungarian government had hoped the case against them would be dismissed under the new Commission, but a statement by Věra Jourová, the Commission’s vice president, suggests the matter will be fully investigated.

Ms Jourová, who will attend her first General Affairs Council today in her new role, warned the new Commission “does not mean a new start”.

She told Politico: “The processes initiated by the previous Commission including Article 7 and infringements will continue, and this is what I intend to discuss at today’s debate.

“My message will be clear: The rule of law is our foundation and can never be compromised.”

She added she’d like to hear from both Warsaw and Budapest as “some recent news we received [is] quite concerning — so I expect to hear how the governments intend to implement the rulings of the European Court of Justice or, in case of the Polish government, the ruling of their Supreme Court.”

Last year the EU launched Article-7 proceedings, a policy to suspend certain rights from a member state if it is found to be breaching the EU’s founding values, against Budapest after the government introduced new laws on the judiciary, media and foreign universities.

Brussels were concerned over abuse of the rule of law, a fundament EU tenet, and is accused of silencing media, targeting NGOs and removing independent judges.

The first hearing took place in September but several more are needed to conclude the proceedings.

It is the second nation from easter Europe to face sanctions, with Poland facing sanctions over a law said to violate the principle of judicial independence.

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Warsaw implemented a law that pushed Supreme Court judges into early retirement, something the EU’s top court ruled unlawful in June.

In its ruling, the European Court of Justice said the measures breach judicial independence.

The Luxembourg-based court said it “undermines the principle of the irremovability of judges, that principle being essential to their independence.”

The European Court of Justice (ECJ) found that a 2017 policy to lower the retirement age for ordinary judges in Poland was unlawful because it gave too much power to the executive, and ruled that a decision to compel female judges to retire five years earlier than men broke EU equality law.

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The law was changed after the outcry, but Polish authorities never reinstated the judges that lost out as a result of the original decision.

The government and president have said they wanted to force the early retirement of the Supreme Court judges as part of a larger effort to purge communist-era judges.

Both countries have protested the proceedings against them, and its leaders have clubbed together to say they would veto sanctions against the other country.

This is because if the EU decide to impose the ultimate sanction, a suspension of voting rights, against either Budapest or Warsaw it would require unanimous agreement among EU states.

So if Hungary of Poland veto the move, the sanction could not be implemented.

Ms Jourová said the aim of the Commission is to strengthen the rule of law mechanism.

She said: “I would like to see a mature debate about the rule of law with all the European countries.

“Our mission would be to strengthen the prevention aspects, so we don’t start discussions when the problems are big, but when they are still in a nascent form.”

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