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The EC deducted further tranches from EU funds for Poland. Punishment for the Disciplinary Chamber

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The European Commission (EC) deducted another two tranches of outstanding fines from Poland for failure to implement interim measures of the Court of Justice of the European Union (CJEU) on disciplinary procedures in the Polish judiciary, according to the findings of TVN24 correspondent in Brussels Maciej Sokołowski. The sum of the deductions is EUR 360 million, or about PLN 1.7 billion.

Maciej Sokołowski announced that the EC deducted EUR 60 million for the period from August 30 to October 28, 2022 – two tranches: from August 30 to September 30 (ninth tranche) and from October 1 to October 28, 2022 (ten tranche).

The TVN24 correspondent quoted in passing that “the deducted amount is about PLN 280 million, which is probably as much as the entire amount which WOŚP will collect this year“.

The sum of all deductions is already EUR 360 million (almost PLN 1.7 billion). They consist of:

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1) deduction of EUR 69 million for the period from November 3 to January 10, 2) deduction of EUR 42 million for the period from January 11 to February 21, 3) deduction of EUR 30 million for the period from February 22 to March 23, 4) deduction of EUR 33 million for the period from 24 March to 25 April, 5) deduction of EUR 30 million for the period from 26 April to 25 May, 6) deduction of EUR 33 million for the period from 26 May to 27 June, 7) deduction of EUR 30 million for the period from 28 June to July 27, 8) deduction of EUR 33 million for the period from July 28 to August 29, 9) deduction of EUR 32 million for the period from August 30 to September 30, 10) deduction of EUR 28 million for the period from October 1 to October 28.

In mid-July, an amendment to the Act on the Supreme Court entered into force, under which, among other things, The Disciplinary Chamber ceased to operate and was replaced by the Professional Responsibility Chamber.

“The new law does not guarantee judges the possibility of questioning the status of another judge without the risk of being subject to disciplinary action,” said Ursula von der Leyen, head of the European Commission, in an interview with Dziennik Gazeta Prawna at the end of July.

Penalties for Poland

In the summer of 2021, the CJEU obliged Poland to immediately suspend the application of the provisions relating to the powers of the unrecognized Disciplinary Chamber of the Supreme Court in matters such as waiving judicial immunity. For failure to comply with this provision, Poland was fined one million euros a day. The penalty of one million euros per day is charged from November 3, 2021. It is deducted by the European Commission from funds for Poland.

Court of Justice of the European Union last year imposed daily fines on the Polish government in two cases: for functioning Turów mine and for the functioning of the unrecognized Disciplinary Chamber. In the case of the mine, the penalties were deducted from September 20, 2021 to February 3, 2022. In the end, they totaled EUR 68.5 million.

Main photo source: Shutterstock



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