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Polish Prosecutor’s Office may pursue legal action against CJEU

The Polish Prosecutor’s Office received Dozens of notices regarding the misappropriation of public funds in the judicial scandal at the Court of Justice of the European Union (CJEU). Cases of possible political corruption were reported late last year by the French daily Libération.

CJEU judges, EC officials and EPP politicians traded in influence: French daily

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Article 110 of the Polish Penal Code allows for an investigation to be launched. It states that “Polish criminal law shall be applied to a foreigner who has committed a criminal offence abroad, directed against the interests of the Republic of Poland”.

What can Poland do?

Professor Genowefa Grabowska, an expert in European law, explains that prosecution is possible in situations that may have negatively affected Poland’s interests.

“If Judge Rosario Silva de Lapuerta of the CJEU ordered Poland to halt coal mining at the Turów mine, imposing a penalty of EUR 500,000 per day for delay, and then we learn that she had paid large sums to the EPP in the past, the investigation should establish whether there is a connection between these facts,” Genowefa Grabowska told weekly “Gazeta Polska”.

According to her, a situation in which there is a suspicion that EU officials are improperly spending Polish taxpayers’ money may be of interest to Polish prosecutors.

Libération findings

The daily Libération has described corruption and influence peddling between politicians and judges of the CJEU. Among others, CJEU President Koen Lenaerts and EU officials associated with the European People’s Party were involved in the procedure.

The journalistic investigation names former European Commission chief Jean-Claude Juncker, former EC vice-president Jyrki Katainen and Austrian Johannes Hahn, who is now the EU budget commissioner. French journalists also accuse European Council head Charles Michel of suspicious contacts with lobbyists.

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