Constitutional Court under the leadership of the illegal president of Poland and the judges of the doubles, in his ruling today, he stated that the provisions of EU law which give the Court of Justice of the European Union the chance to impose penalties on Poland for failure to comply with the interim measures imposed, with the Polish Constitution. This is simply a judgement given by the full composition of the Constitutional Court, but any judges have given a different view. We remind you that the TK is presently an institution which is legally functioning due to the business of the president and alleged double judges by Przyłębsk.
The Constitutional Tribunal issued a judgement in the case of penalties to the EU Court of Justice
In November 2021, the lawyer General Zbigniew Ziobro applied to the Constitutional Court, in which he demanded the examination of the compatibility of EU law with the Polish Constitution in the context of circumstantial issues. This proposal was a direct consequence to the Court of Justice of the European Union (TEU) imposing 2 financial penalties on Poland related to the Turów mines and the then Disciplinary Chamber of the ultimate Court. This led to a request to measure the compliance of these EU regulations with the basic principles contained in the Polish Constitution.
These events took place during the session of the Sejm, where Prime Minister Mateusz Morawiecki ended his speech and simultaneously Constitutional Court he started a proceeding on EU government on the basis of which the TEU imposed penalties on Poland. This case was reported by erstwhile lawyer General Zbigniew Ziobro, after 2 financial penalties imposed by the TEU – concerning the Turów Mine and the then Disciplinary Chamber of the ultimate Court.
MP Paweł Śliz, representing the Sejm, applied for the exclusion from the proceeding of the judges Justyna Piskorska and Jarosław Wyrembak, but the Constitutional Court rejected this application. Additionally, he did not agree to postpone the trial. As a result, the TK ended the trial, and the occupier of the position of president of TK Julia Przyłębska, the president of the squad, announced the sentence.
EUR 500 million
At the end of October 2021, the Court of Justice of the European Union (TEU) obliged Poland to pay a punishment of EUR 1 million per day to the European Commission. This was due to the deficiency of suspension of the application of the provisions concerning the powers of the Disciplinary Chamber of the ultimate Court to judges.
In April 2023, this punishment was reduced to EUR 500 000 per day. The CJEU, announcing its judgement in June of the same year, found that the 2019 improvement of the Polish judiciary violated European Union law, which prompted the Court to take account of the European Commission's complaint. The full cost of penalties imposed on Poland in this case was over EUR 500 million.
Earlier in September 2021, the TEU decided that Poland should pay the European Commission EUR 500 1000 a day for not implementing temporary measures and not stopping mining of lignite in the Turów mine. The process of charging penalties was stopped after reaching an agreement between Poland and the Czech Republic on this matter.
The examination of this application by the Constitutional Court began on 19 October 2022. The hearings were postponed respective times and the case was subsequently examined on 21 November and on Monday, erstwhile the proceeding was yet completed and the judgement was pronounced.
What TK ruled
Zbigniew Ziobro has requested a uncovering of non-compliance with the Constitution of Union law which allows the Court of Justice of the European Union (TEU) to impose penalties. In particular, Article 279 of the Treaty on the Functioning of the European Union (TFEU) in the context of which the CSF considers the anticipation of imposing fines to be non-application of the interim measurement in question. Furthermore, the lawyer General (PG) challenged Article 39 of the Statute of the TEU, authorising the president of the TEU or a justice to introduce provisional measures concerning the structure of constitutional bodies in Poland.
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The Constitutional Tribunal ruled that both provisions were incompatible with the Polish Constitution, in peculiar Article 2, which defines Poland as a democratic state of law, implementing the principles of social justice. The rapporteur, Zbigniew Jędrzejewski, pointed out the deficiency of precise definition of temporary measures, which poses a threat to Poland's sovereignty. He besides stressed that the Statute of the TSEU had extended the competences set out in the TFEU, which is contrary to the regulation of law. In addition, the rules for the application of provisional measures are contained in the Statute of the TEU as an interior act and not in an global agreement, which deprives Poland of its influence.
Four judges, Pszczółkowski Piotr, Sochanski Bartłomiej, Warciński Michał and Wojciechowski Rafał, submitted a separate sentence. Pszczółkowski noted that the TK had no grounds for examining the PG application and besides felt that the TEU should not impose penalties for the dispute over the Turów mine. In his opinion, this conflict should be resolved in a different way than before the Constitutional Tribunal.
The examination of Ziobra's application at the Court lasted 2 years, beginning in November 2021. The process was delayed, first by the Court's deficiency of action and then by problems with the full composition in the disputed TK. The case was started on 22 February 2023 and was not returned until 21 November. However, the Court deferred the judgment. It was originally planned to announce the judgement on November 30, but this deadline was postponed until December 11. MP Paweł Śliz applied for exclusion from the trial of the double judges, but the Constitutional Tribunal rejected him.
This is from
The Przyłębska Court ruled that the penalties imposed on Poland by the TEU were incompatible with the Constitution:
