Draft LIBE report about Poland:

Rule of Law

National Council of the Judiciary

Constitutional Court

CJEU: Polish courts are independent

The Court of Justice of the European Union, in its judgment delivered on 17 December 2020, stated that there are no grounds for making an assumption that there are systemic or general irregularities regarding the independence of Polish courts. Pursuant to the CJEU judgment, the reforms of the judiciary carried out in Poland cannot be a reason for refusing to execute European Arrest Warrants. The Republic of Poland, since the Dutch court initiated proceedings in this case, has consistently emphasized that there are no grounds for stating that Polish courts did not meet the requirement of independence. However, the court in Amsterdam, basing on a false thesis, questioned the execution of two EAWs issued against persons suspected of crimes and hiding from the Polish justice system. The representative of the Government of the Republic of Poland – Deputy Minister of Justice, Dr. Anna Dalkowska – during the hearing on October 12, 2020, already indicated that there can be no automatism in the cases of European Arrest Warrants. If we accept the arguments of the Dutch court that referred the question to the CJEU for a preliminary ruling, it would be possible to exclude the judiciary from one Member State by another. The same opinion was presented by the European Commission, as well as Ireland and Belgium. The Advocate General of the CJEU clearly stated that the Dutch court did not find any real, based on the applicable provisions, grounds for refusing to surrender persons covered by the EAW to Poland.  Due to the incorrect reasoning of the Dutch court and the artificial legal problem created this way, the CJEU judgment had to be consistent with the position of Poland.

We are in constant contact

The Polish side responsibly proposes a number of legal solutions.

In a democratic state ruled by law, it is not the personal preferences of one environment or another that determine what is correct, but the constitution and laws.
The system and organization of the judicial system in the Member States remains outside the scope of EU competence. Therefore, there is no doubt that, in general, the system and organization of the judicial system in the Member States is outside the scope of EU competence which the Member States confer on the Union. Thus, these issues should be outside the area of interest of EU bodies, as being the sole responsibility of individual countries.

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