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Letter from MEPs to the Commission: "Banning the PNRR in Poland"

Letter from MEPs to the Commission: “Banning the PNRR in Poland”

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People attend a “String of Light” protest in front of a court in support of judicial independence in Poland. Krakow, Poland October 29, 2021. Some prominent judges have been suspended from their public functions after they protested government reform of the judicial system, which has been condemned as a violation of the rule of law by a wide range of international institutions and specialized bodies. (Photo by Beata Zorzel/NoorPhoto from Getty Images)

“We ask the EU Commission, as the custodian of the treaties, to refrain from approving the Polish PNRR until all the conditions set out in the regulation have been met.” Thus the group leaders from Ppe, S&D, Renew Europe, Verdi and La SinistraGue, in a joint letter addressed to the President of the European Union Commission, Ursula von der Leyen.

“A government that denies the supremacy of EU law and violates the principles of the rule of law cannot be considered reliable in fulfilling the obligations and commitments set forth in our legal instruments,” the group leaders emphasized.

The system in Poland that allows the Minister of Justice to second judges to higher criminal courts contravenes EU law. This was established by the European Court of Justice.

The Minister of Justice, who is also the Attorney General, indicates that the court can decide and terminate the secondment at any time without giving reasons. Indeed, the requirement for judicial independence requires that the rules relating to such publication provide the necessary guarantees to avoid any risk of being used as a tool of political control over the content of judicial decisions, particularly in the criminal sector. This is stated in a note from the Luxembourg Court.

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Meanwhile, the European Court of Justice has ruled that Hungary has violated EU law by penalizing the regulatory activity carried out in order to allow international protection proceedings to be initiated by people who do not meet the requirements. National criteria for recognizing this protection.

“By penalizing the regulatory activity carried out in order to allow the commencement of international protection proceedings by persons who do not meet the national criteria for recognition of such protection, Hungary has violated EU law”: this is what the European Court of Justice decided on the European Commission’s appeal against the so-called Hungarian law Anti-Soros. The court says: “The classification of this activity as a crime is incompatible with the exercise of the rights guaranteed by the legislator in the European Union in the matter of supporting applicants for international protection.”