In its answer sent to the European Commission, Poland has rejected EC charges regarding the new Polish Supreme Court law, PAP was told by a diplomatic source.
Earlier PAP was told by the source that “Poland has sent to the European Commission its answer to the first stage of the procedure launched with regard to the violation of EU laws with reference to the act on the Supreme Court.”
“It is a detailed legal document on a few dozen pages, having over 90 points. It presents the entire history of a dispute with the EC. In the document, the Polish side has rejected the charges made by the EC in connection with the law on the Supreme Court. This is a legal presentation which leads to the conclusion that the EC motion is unjustified,” PAP was told by the source.
The European Commission (EC) launched the EU law infringement procedure against Poland over new laws regulating the work of the Supreme Court, the EC said in a press release published on July 2.
Poland received one month to reply to the commission’s Letter of Formal Notice.
The Commission decided that the lowering of the retirement age of judges of the Supreme Court from 70 years of age to 65 undermines the principle of the irremovability of judges.
The European Commission may launch a formal infringement procedure if it believes a given country has breached EU law, EU regulations are not being implemented or a complaint will be filed regarding their violation.
The procedure follows a number of steps laid out in the EU treaties. First, the Commission sends a Letter of Formal Notice requesting further information to the country concerned, which must send a detailed reply within a specified period. If the Commission concludes that the country is failing to fulfil its obligations under EU law, it may send a reasoned opinion: a formal request to comply with EU law. If the EU country still doesn’t comply, the Commission may decide to refer the matter to the Court of Justice of the EU in Luxembourg.
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