EU Court of Justice again against Hungary and Poland: the anti-Soros law and the Warsaw judicial system rejected

In the middle of the migrant chaos on the border between Belarus And Poland, L’European Union come back to put pressure on Warsaw And Budapest for the respect of the rule of law. And it does so with two sentences of the Court of Justice of the EU which establishes the illegality, according to Community law, of the anti-Soros law wanted by the Hungarian premier, Viktor Orban, to prevent any kind of support for migrants and del Polish judicial system. Decisions that come the day you give Brussels the go-ahead arrives from the Parliament and the EU Council al common budget for 2022 which also includes an allocation from 25 million for the migration crisis on the border with Belarus in support of the Member States. But from Ppe, Socialists, Renew Europe, greens And The left comes the appeal to block the funds of the Pnrr to the government of Warsaw for violation of the rule of law.

Hungary, the EU against the anti-Soros law
As has already happened in the past, the EU Court returns to express itself negatively against the law wanted by Viktor Orban in 2018 which effectively prevented any type of organization or entity from providing support for migrants crossing the Serbian-Hungarian border. A law that was renamed “stop Soros” precisely because it seemed aimed at targeting the activities of the Hungarian-born tycoon and his Open Society which in those years offered support to people arriving from the Middle East and Central Asia. For the Court, with that law “Hungary has violated EU law” because “the configuration as a crime” of these activities “is contrary to the exercise of the rights guaranteed by the EU legislator in the matter of support for applicants for international protection “.

“Hungary’s position on immigration remains unchanged – he replied in a statement Zoltan Kovacs, spokesman for the premier of Budapest – Hungary takes note of the ruling but reserves the right to take action against the activities of non-governmental organizations financed from abroad, including those funded by George Soros, who even try to promote migration “.

Poland, “the independence of judges violated”
As for Poland, to which Brussels has repeatedly offered support in fight against illegal immigration, especially for the ongoing crisis on the border with Belarus, what the European judges have instead focused on is the lack of separation between judicial and executive powers which in recent months has provoked a tough confrontation with the Commission and the EU Parliament. The sentence states that “EU law precludes the regime in force in Poland which allows the Minister of Justice to seconding judges to higher criminal courts, a posting to which this minister, who is at the same time attorney general, can terminate at any time without giving reasons. The requirement of judges’ independence requires that the rules relating to such posting provide the necessary guarantees to avoid any risk of political control of the content of judicial decisions ”.

Words with which one implicitly returns to invoke an adaptation of the Polish system to European standards, claiming the supremacy of Community law, a point on which the last war between Warsaw and Brussels took place, after the ruling of the Constitutional Court of Poland which in fact overturned this principle contained in the EU Treaties. A diatribe that has always led the EU Court to impose on the country the payment of a penalty from 1 million euros per day to the Commission for not having suspended the application of the national provisions relating in particular to the competences of the disciplinary chamber of the Supreme Court.

EU budget, 25 million in Warsaw for the migration crisis
Today the European Parliament and the EU Council approved the common budget for 2022 and the proposal made in recent days by the European Commission to increase the Integrated border management fund (Ibmf) and allocate 25 million euros to the migration crisis on the border with Belarus to support member states. At the same time, the majority of groups in Parliament are asking “that the EU Commission, as guardian of the Treaties, refrain from approving the Polish PNRR until all the conditions set out in the regulation are met”, they write in a letter joint sent to Ursula von der Leyen the group leaders of Ppe, S&D, Renew Europe, Verdi and La Sinistra Gue. “A government that denies the primacy of EU law and violates the principles of the rule of law cannot be considered reliable in fulfilling the commitments and obligations under our legal instruments,” they add.

The representatives motivate their letter by arguing that “the Polish courts of all levels have shown that they cannot guarantee the right to a fair trial by an independent and impartial court established by law, as also recognized by the Court of Justice and the European Court of Human Rights “and argue that” a commitment in the form of milestones and objectives would not be sufficient to allow approval, especially in light of the interim measures adopted by the Court of Justice. Our request must not be seen as punitive against the Polish people, but as a means of supporting the restoration of the rule of law in Poland in the light of its continuing deterioration ”.

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James Reno

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