Zbigniew Ziobro, the Polish justice minister, has slammed the negative verdict of the European Court of Justice (ECJ) on Poland’s judicial reforms and accused court officials of being under the influence of politicians, EU officials – and alcohol.
Commenting on the court’s ruling that Poland was in contravention of European law, Ziobro referenced allegations that had appeared in the French media claiming ECJ judges were in cahoots with European Commission officials and European People’s Party (EPP) luminaries.
“Until the EU investigates the allegations made by newspapers that verdicts of the European Court of Justice are agreed at banquets and hunting trips at which alcohol flowed freely, with EC officials and politicians of the ruling EPP, it will not be possible to treat the verdicts of this court as credible,” he stated.
The minister claimed the verdict against Poland in the case was not credible because those members of the court making the decision are suspected of collusion with officials outside the court.
“This is how I have to treat this verdict,” Ziobro said. “It looks as if it was dictated by politicians and it is a blatant violation of EU treaties with the European court usurping powers it does not have.”
He mocked the judges’ decision, suggesting alcohol may have played a part in their coming to such a conclusion regarding Poland. “The only way I can explain such verdicts is that they were affected by the alcohol that flowed at the reported banquets,” he said.
Ziobro also revealed that he had asked President of the European Commission, Ursula von der Leyen, for an intervention regarding concerns over court impartiality two years ago, but that no action was taken. He argued that all ECJ verdicts remain suspect until the allegations made by French media against the judges are properly investigated.
Polish EU Affairs Minister, Szymon Szynkowski vel Sęk, was more conciliatory. He said some of the issues raised by the European court had already been addressed.
“The challenged legal status has undergone significant changes, it has been amended,” he told reporters, alluding to Polish Supreme Court legislation that abolishes the existence of the Disciplinary Chamber. The chamber was set up following claims it was needed to reform and improve the judiciary but critics said it was in fact used to intimidate and subdue independent judges.
The ECJ on Monday ruled that Poland’s reform of its Supreme Court was in violation of European law. The court ruled that publishing online declarations regarding judges’ membership in associations, non-profit foundations or political parties violated their right to privacy and could be used to influence their decision-making. It also confirmed its earlier ruling that the Supreme Court’s Disciplinary Chamber was not independent or impartial.
The case was brought by the EC and backed by Belgium, Finland, Denmark, Sweden and the Netherlands. The Polish government’s position throughout the rule of law dispute with European institutions has relied on the interpretation of EU treaties that the internal arrangements for the judiciary are the responsibility of Member States alone.
Poland’s leadership has also pointed to the fact that, in many Member States, politicians have a considerable degree of influence over judicial appointments. However, judicial officials counter such allegations, saying the fair and free rule of law is one of the key values of the EU as listed in the Lisbon Treaty.
In the standoff that has been running since October 2021 and that resulted in Monday’s ECJ ruling, Polish authorities have racked up €556 million in fines. Monday’s decision brings further accumulation of those fines to a halt but, according to the court, “this does not affect Poland’s obligation to make the daily penalty payments already due”. The fines will be deducted from European funds earmarked for Poland.
