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Saturday, November 27, 2021

Zbigniew Ziobro submits an application to the Constitutional Tribunal regarding financial penalties for Poland for the Turów mine and the Disciplinary Chamber

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The Public Prosecutor General submitted a request to the Constitutional Tribunal regarding the provisions on the basis of which the Court of Justice of the European Union imposed penalties on Poland in the case of the Turów mine and the Disciplinary Chamber of the Supreme Court, the National Public Prosecutor’s Office informed.

“In the opinion of the Public Prosecutor General, subsequent rulings of the CJEU unlawfully extend the EU’s treaty competences, violating the provisions of the Polish constitution and ignoring the rulings of the Polish Constitutional Tribunal,” the National Prosecutor’s Office noted. The information from the prosecutor’s office indicated that it was therefore necessary to refer to the Constitutional Tribunal as “the court of the last word” a request to “review the legality of actions taken by the CJEU in the context of the Polish Basic Law”.


As it was announced in the application, the Public Prosecutor General asked the Constitutional Tribunal to review the constitutionality of Art. 279 of the Treaty on the Functioning of the European Union to the extent that “the CJEU accepts that this provision allows for the imposition of financial penalties for non-compliance with the adjudicated interim measure”.

“The Public Prosecutor General also appealed against Article 39 of the CJEU Statute, which authorizes the President of the CJEU or a judge of this Tribunal to impose on Poland interim measures relating to the shape of the system and functioning of the constitutional organs of the Republic of Poland,” PK added. As explained, “it is the interpretation of these provisions adopted in the decisions concerning the Turów mine and the Disciplinary Chamber of the Supreme Court”.

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The CJEU imposes penalties on Poland

At the end of October this year. The CJEU obliged Poland to pay the European Commission a fine of EUR 1 million a day for not suspending the application of the provisions relating in particular to the powers of the Disciplinary Chamber of the Supreme Court towards judges. Earlier – in September this year. – The CJEU has decided that Poland is to pay the European Commission 500,000. euro per day for not implementing interim measures and continuing to extract lignite from the Turów mine.

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