Rule of law – mechanisms of judicial control
The functioning of the Union is based on a number of values common to all Member States. This applies in particular to the rule of law.
Due to the preservation of sovereignty by the Member States and the differences between them, the reconstruction of the meaning of individual values should aim to establish their minimum content – to reconstruct those elements that are common to all participants of European integration. Such a position appears to be only correct in a situation in which the Treaties abandon a number of definitions, considering that the concepts used are existing concepts.
The European Union should function as the Europe of Homelands. The institutions of the Union are bound to respect the equality of all Member States before the Treaties. This statement should primarily guide the jurisprudence of the Court of Justice of the European Union. It is not without reason that the Court of Justice itself has repeatedly stated that the purpose of the preliminary ruling procedure is to ensure a uniform interpretation of EU law.
The position presented by Poland does not constitute – contrary to popular opinion – a sign of rejecting the value of the rule of law as the basis for an ever deeper relationship between the Nations of Europe. Its essence is to achieve a maintenance of an uniform interpretation of EU law, and thus to respect the equality of the Member States.
There are allegations against Poland that the independence of judges has been violated or the judiciary has been politicized. Such allegations are completely unfounded. The reforms implemented since 2016 refer to or introduce solutions that already operate in other European Union countries. Interestingly, in other countries, such as Germany, the procedure for selecting judges is much more politicized than in Poland. Unfortunately, in the opinion of the European Union bodies, only Poland violates the rule of law in the area of the judiciary.
The new Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget will unfortunately be able to make the payment of EU funds subject to unclear criteria related to the rule of law. Another threat is the use of double standards in the assessment of national regulations, which we are definitely dealing with right now. It should be pointed out that the procedure for nominating judges, e.g. in Germany or Malta, is much more politicized than in Poland. Despite this, the European Commission does not raise any charges against these countries.
Judicial nomination process – Poland in comparison with Spain and Germany
Cases brought before the Court of Justice of the European Union
The real meaning of the Regulation on a general regime of conditionality for the protection of the Union budget
Judicial appointments in other countries
Double standards in the CJEU – Malta and Poland
Report on the rule of law 2020
Report of the European Commission’s Rule of Law
Polemic elements for the analytical part of the report (the justice system)