The Constitutional Tribunal was to announce a judgment regarding the EU regulations on the basis of which the CJEU imposed penalties on Poland. Ultimately, however, this did not happen, which is evidence of paralysis in CT.
In 2021, the Court of Justice of the European Union obliged Poland to pay a periodic penalty of one million euros per day due to failure to comply with the decision to liquidate the Disciplinary Chamber of the Supreme Court. Less than a month earlier, the CJEU imposed another fine on Poland – PLN 500,000. euro per day for failure to implement the decision regarding the mine in Turów. If these decisions are upheld, our country may pay up to EUR 45 million per month.
Ziobro’s application to the Constitutional Tribunal
PiS politicians have repeatedly emphasized that imposing penalties on Poland is unauthorized. Zbigniew Ziobro went a step further. The Prosecutor General submitted an application to the Constitutional Tribunal in this matter. According to the politician, subsequent rulings of the CJEU unduly expand the EU’s treaty competences, violating the provisions of the Polish constitution and ignoring the rulings of the Polish Constitutional Tribunal.
Zbigniew Ziobro wanted the Constitutional Tribunal to examine the constitutionality of Art. 279 of the Treaty on the Functioning of the European Union, to the extent that the CJEU assumes that this provision allows for the imposition of financial penalties for failure to comply with the interim measure ordered.
Paralysis in CT
On November 21, the full Constitutional Tribunal concluded its hearing on EU regulations. Ultimately, he postponed the ruling. He was to deliver the final judgment in this case on December 5. However, this did not happen – the next date was set for December 11. As the Constitutional Tribunal’s office informed PAP on Tuesday, the change of dates is related to sick leave and justified absence of one of the Constitutional Tribunal judges.
On the same day, a hearing of the full bench of the Constitutional Tribunal on the amendment of the Act on the Supreme Court at the request of President Andrzej Duda is also scheduled to take place.