Τετάρτη 21 Δεκεμβρίου 2016

The EU gives two months in Poland for the Constitutional Court


The European Commission today expressed his discomfort about "persistent problem" of the rule of law in Poland, giving Warsaw new deadline of two months to respond to new recommendations for the controversial reform of the way appointment of members of the Constitutional Court and how operation.

Following its previous recommendations that had no effect, "think that there is a persistent problem rule of law" in Poland, said at a press conference the first vice president of the European Commission, France Timmermans.

"We decided to send out new recommendations" on the government "to give two months deadline" in order to respond, he added, postponing it for a decision on a possible sanctions.

The Commission sent in July "recommendations" in Warsaw in order to "eliminate the systemic threat that burdens the rule of law" in the country. The mainly called to respect the decisions of the Constitutional Court to make public all decisions and to withdraw all decisions that jeopardize the proper functioning.

But the Polish government had rejected these requests after the deadline of three months she had been given, meaning that some, mainly MEPs to call for sanctions against Warsaw for violations of democratic principles.

Such penalties may include the first activation of Article 7 of the EU Treaty, which provides for the possibility of suspending the voting rights of a European country to the European Council, where it is noted a "serious and persistent breach" of the rule of law.

"We do not exclude any measure," replied Timmermans, in reply to a question at the press conference. "But we will see when the time comes, it seems to be included in our toolbox."

"I will not let it go [so]," says Timmermans insisted, "I believe that every Polish citizen has the right to a real separation of powers, the right to know that the judge who is against it does not follow the instructions of a political party or a government ".

According to Timmermans, "he is still possible to find a solution (...) even though the experience of recent months does not create optimism."

Earlier today, the AFP had broadcast that the president of Poland Andrzej Duda appointed by Tuesday (yesterday) Julia Prilempska President of the Constitutional Court.

The Prilempska, 57 years, which brought about a few hours the interim president of the Court, replacing the President Andrei Replinski, black sheep for power, whose mandate expired at midnight Monday. It will be the first woman to occupy this office and term as head of the institution that is responsible for compliance with the Constitution. expected to last nine years.

"I would," said the president Duda, "to put in order the Court. I would like to quit the Court and around, these indecent quarrels that are still going on and have prevented normal" functioning of the Court.

The appointment of Prilempska was possible thanks to one of three laws adopted recently. These laws, the compatibility of which with the Constitution is challenged by Remplinski, changing the way the election of the President of the Court.

The Bra-wrestling, for more than a year between Parliament, where a majority of the Conservatives and the Court in which the majority of judges elected in previous legislative periods, has led to an unprecedented situation, the institution now has 18 judges instead of 15. Three of them have sworn by the president Duda and three others have been hand selected by him but are not permitted to participate in the work of the president Replinski. Probably they will be invited to participate by Prilempska.

The controversy surrounding the Court has led to the birth of an opposition movement, the Committee for the Defense of the Republic KOD, which has organized several mass protests in Warsaw and other Polish cities.

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