BRUSSELS (Reuters) - The European Commission launched legal action on Saturday against what it sees as Polish government attempts to undermine the independence of judges.

People attend a protest against judicial reforms in front of the Supreme Court in Warsaw, Poland, July 27, 2017. REUTERS/Kacper Pempel

It has given Warsaw a month to respond.

EU commissioners decided to launch the “infringement procedure” for violating European Union law at a meeting on Wednesday, the first step in a legal process that may end at the bloc’s top court, pending publication of Poland’s new law.

A Polish deputy foreign minister said on Saturday the Commission’s decision was “unjustified” because the organisation of the legal systems in EU members was up to member states and not EU institutions.

The Commission is concerned about discretionary power given to Poland’s minister of justice to prolong the mandates of judges who reach retirement age, as well as to dismiss and appoint court presidents.

“The new rules allow the minister of justice to exert influence on individual ordinary judges through, in particular, the vague criteria for the prolongation of their mandates thereby undermining the principle of irremovability of judges,” the European Commission said in a statement on Saturday.

It said a key legal concern was the introduction of different retirement ages - for female judges at 60 and male judges at 65.

Polish Deputy Foreign Minister Konrad Szymanski told state news agency PAP that court presidents in Poland performed mostly administrative functions.

He also said the new regulation on the retirement of judges was aimed at bringing it into line with a reduction in the retirement age that enters into force in October.

Polish President Andrzej Duda on Tuesday signed into law the bill on ordinary courts, but, in a move welcomed by Brussels, blocked two other bills that would have empowered the government and parliament to replace Supreme Court judges.

Poland’s eurosceptic, nationalist government has rejected Brussels’ objections as “blackmail” and as unjustified criticism, but has said Warsaw is open to talks to resolve the dispute.

Commission First Vice President Frans Timmermans sent a letter on Friday to Poland’s foreign minister reiterating an invitation to him and the justice minister to meet in Brussels to relaunch dialogue.

He had said on Wednesday that the Commission could trigger Article 7, a legal process of suspending Poland’s EU voting rights, if Warsaw went ahead with plans to undermine the independence of the judiciary and the rule of law.

The European Commission has given Poland a month to respond to concerns for the rule of law raised by the EU executive in an unprecedented process launched last year.</s>The European Union's executive branch has launched a complaint alleging Poland has limited judicial independence in the country in violation of EU laws.

The European Commission said Saturday it sent a "letter of formal notice" to Poland to raise concerns that the independence of Polish courts will be undermined by the new "discretionary" powers the overhaul gives the country's justice minister.

The commission says it is especially concerned the justice minister now is entitled to extend the mandates of judges and to dismiss and appoint court presidents.

Warsaw has one month to reply to the notice warning it is infringing on EU laws. The commission may then take further steps.

The Euroskeptic Polish government has said that reforming the justice system is an internal Polish matter.</s>BRUSSELS (AP) - The European Union's executive branch has launched a complaint alleging Poland has limited judicial independence in the country in violation of EU laws.

The European Commission said Saturday it sent a "letter of formal notice" to Poland to raise concerns that the independence of Polish courts will be undermined by the new "discretionary" powers the overhaul gives the country's justice minister.

The commission says it is especially concerned the justice minister now is entitled to extend the mandates of judges and to dismiss and appoint court presidents.

People demonstrate, outside the office of the ruling party leader Jaroslaw Kaczynski, holding banners with the images of from left, financier George Soros ,President of the European Council Donald Tusk and First Vice-President of the European Commission Frans Timmermans, during a protest, in Warsaw, Poland, Wednesday, July 26, 2017. The European Union's executive remains open to triggering sanctions against Poland for limiting judicial independence despite the Polish president's veto of parts of a controversial legal overhaul, a top EU official said Wednesday. (AP Photo/Czarek Sokolowski)

Warsaw has one month to reply to the notice warning it is infringing on EU laws. The commission may then take further steps.

The Euroskeptic Polish government has said that reforming the justice system is an internal Polish matter.

FILE- In this Thursday, July 20, 2017 file photo, leader of the ruling Law and Justice party, Jaroslaw Kaczynski votes to approve a law on court control, in the parliament in Warsaw, Poland. The leader of Poland's ruling party says the government intends to "decentralize" the media after it completes an overhaul of the judicial system that the European Union has denounced as violating democratic norms. (AP Photo/Alik Keplicz, File)

People raise candles as they attend a daily protest against judicial reforms in Warsaw, Poland, Thursday, July 27, 2017. The leader of Poland's ruling party, Jaroslaw Kaczynski, says the government intends to "decentralize" the media after it completes an overhaul of the judicial system that the European Union has denounced as violating democratic norms. (AP Photo/Alik Keplicz)

A Polish national flag waves as people hold candles during a daily protest against judicial reforms in Warsaw, Poland, Thursday, July 27, 2017. The leader of Poland's ruling party, Jaroslaw Kaczynski, says the government intends to "decentralize" the media after it completes an overhaul of the judicial system that the European Union has denounced as violating democratic norms. (AP Photo/Alik Keplicz)</s>The European Union said Saturday it has launched legal action against Poland's right-wing government over a new law it fears will undermine the independence of the country's common courts.

The move is part of escalating EU pressure on Poland over what Brussels sees as a threat not just to Warsaw's democratic standards but to those across the 28-nation bloc.

"The European Commission launched an infringement procedure against Poland by sending a letter of formal notice," the EU executive said.

Poland published the law reorganising its ordinary courts on Friday.

The EU statement said Poland's governing Law and Justice Party (PiS) had one month to respond to the Commission letter which "raises concerns that ... the independence of Polish courts will be undermined."

The commission pointed to the justice minister getting "discretionary power to prolong the mandate of judges who have reached retirement age as well as to dismiss and appoint court presidents."

Other concerns, it said, include "discrimination on the basis of gender" by setting the retirement age at 60 for female judges and at 65 for their male counterparts.

The justice minister, it said, can "retain influence" over them by extending at any time their mandates -- for up to 10 years for women and up to five years for men.

The action taken by the Commission could lead to Poland being hauled before the bloc's highest court, the European Court of Justice, and eventually being given a fine.

The Commission is also prepared to take more severe action if Warsaw forges ahead with deeper court reforms.

Poland's deputy foreign minister for European affairs, Konrad Szymanski, told the PAP news agency that the EU decision was "unfounded," adding the new common courts law carried proper guarantees.

The action in Brussels was expected after Polish President Andrzej Duda on Tuesday signed into law a measure allowing the justice minister to unilaterally replace the chief justices of the common courts.

However, Duda surprised many inside and outside the PiS government when he vetoed a bill that would have reinforced political control over the Supreme Court and another allowing parliament to choose members of a body designed to protect the independence of the courts.

Polish Prime Minister Beata Szydlo has vowed to push ahead with all the reforms despite the vetoes.

European Commission First Vice President Frans Timmermans on Wednesday warned the "commission is ready to immediately trigger the article 7 procedure" if Supreme Court justices are sacked.

Article 7 is a never-before-used EU process designed to uphold the rule of law, a so-called "nuclear option" that can freeze a country's right to vote in meetings of EU ministers.

The chances are slim that its voting rights could actually be suspended. Populist Hungarian Prime Minister Viktor Orban has vowed he would instantly veto any such move by the EU.

The escalating standoff with Poland threatens to deepen an east-west split in the EU.

Hungary itself faces EU legal action over laws targeting education and foreign civil society groups, while Poland, Hungary and the Czech Republic also face action for ignoring the bloc's migrant relocation quotas.

Timmermans also sent a letter on Friday to Poland's Foreign Minister Witold Waszczykowski and Justice Minister Zbigniew Ziobro inviting them to Brussels to relaunch a long drawn-out dialogue on the judiciary reforms.

"The Commission's hand is still extended to the Polish authorities, in the hope of a constructive dialogue," Timmermans said, according to the commission.

The legal reforms have triggered mass street protests in Poland and raised fears for the rule of law in one of the EU's leading eastern former communist states.

Brussels and Warsaw have been at loggerheads over the legal changes ever since the right-wing PiS took power in 2015 and announced reforms to Poland's constitutional court.

EU Justice Commissioner Vera Jourova has expressed fears the "whole EU system of mutual recognition of court decisions" could be undermined if Polish judicial independence were undermined.</s>Protests have raged on the streets of Warsaw as the Law and Justice Party (PiS) pushes ahead with reforms that Brussels says will undermine the independence of Poland’s common courts. And in a desperate bid to throw its weight around the European Commission has given Warsaw one month to respond.

The reforms include plans to let the government fire Supreme Court judges. EU commissioners have decided to launch the "infringement procedure" for violating European Union law, the first step in a legal process that may end at the bloc's top court, pending publication of Poland's new law.

The European Commission said in a statement: “The new rules allow the minister of justice to exert influence on individual ordinary judges through, in particular, the vague criteria for the prolongation of their mandates thereby undermining the principle of irremovability of judges.” The Commission is concerned about discretionary power given to Poland's minister of justice to prolong the mandates of judges who reach retirement age, as well as to dismiss and appoint court presidents.

It said a key legal concern was the introduction of different retirement ages - for female judges at 60 and male judges at 65. But Polish deputy foreign minister Konrad Szymanski hit back branding the Commission's decision "unjustified" because the organisation of the legal systems in EU members was up to member states and not EU institutions. He also said the new regulation on the retirement of judges was aimed at bringing it into line with a reduction in the retirement age that enters into force in October. The EU has also warned it would trigger its most serious sanction, Article 7, if Poland goes ahead with the reforms proposed by right-wing PiS.

Article 7 would suspend Poland’s EU voting rights and has never been tested in practice. Poland’s eurosceptic government has rejected Brussels’ objections as “blackmail” and unjustified criticism. Government spokesman Rafal Bochenek said Poland “does not agree to any blackmail by EU officials, especially blackmail which is not based on facts.” He said: “All the bills prepared by the Polish parliament are in line with the Polish constitution and democratic principles." The Polish government has proposed four laws fundamentally changing how the judiciary is run. Two of the laws were passed by parliament and the other two were unexpectedly blocked by Polish President Andrzej Duda earlier this week indicating a split between his office and the prime minister.

The two laws not passed would force the resignation of all supreme court justices and allow their replacements to be selected by the justice minister. They would also give government-appointed members of the National Council of the Judiciary, which selected judicial candidates, a power of veto. Mr Duda’s decision came after days of widespread protests in Poland. European Council President Donald Tusk said the PiS’ move on courts went backwards and “against European standards and values”. He said: “It falls to use, together, to avert bleak outcomes which could ultimately lead to the marginalisation of Poland in Europe. “The situation, including at international level, is really serious. And that is why I am asking for serious measures and serious partners. Please let us try, Mr. President.”</s>There have been large protests in Poland after the government introduced laws to dismiss the judiciary. Then on Monday the President, Andrzej Duda, unexpectedly vetoed two of his government's own laws. 

The population was stunned.

This is against a backdrop of fears that a new, right wing eastern European bloc is forming, between Poland, Hungary and Slovakia, which doesn’t bode well for the European Union.</s>BRUSSELS (Reuters) - The European Commission launched legal action on Saturday against what it sees as Polish government attempts to undermine the independence of judges.

EU commissioners decided to launch the "infringement procedure" for violating European Union law at a meeting on Wednesday, the first step in a legal process that may end at the bloc's top court, pending publication of Poland's new law.

The Commission is concerned about discretionary power given to Poland's minister of justice to prolong the mandates of judges who reach retirement age, as well as to dismiss and appoint court presidents.

"The new rules allow the minister of justice to exert influence on individual ordinary judges through, in particular, the vague criteria for the prolongation of their mandates thereby undermining the principle of irremovability of judges," the European Commission said in a statement on Saturday.

It said a key legal concern was the introduction of different retirement ages for female judges (60) and male judges (65).

Polish President Andrzej Duda on Tuesday signed into law the bill on ordinary courts, but, in a move welcomed by Brussels, blocked two other bills that would have empowered the government and parliament to replace Supreme Court judges.

Poland's eurosceptic, nationalist government has rejected Brussels' objections as "blackmail" and unjustified criticism, but has said Warsaw was open to talks to resolve the dispute.

Commission First Vice President Frans Timmermans sent a letter on Friday to Poland's foreign minister reiterating an invitation to him and the justice minister to meet in Brussels to relaunch dialogue.

He said on Wednesday that the Commission could trigger Article 7, a legal process of suspending Poland's EU voting rights, if Warsaw went ahead with plans to undermine the independence of the judiciary and the rule of law.

The European Commission also this week gave Poland a month to respond to concerns for the rule of law raised by the EU executive in an unprecedented process launched last year.</s>Brussels: The European Union said Saturday it has launched legal action against Poland`s right-wing government over a new law it fears will undermine the independence of the country`s common courts.

The action taken by the European Commission, the EU executive, could lead to Poland being hauled before the 28-nation bloc`s highest court, the European Court of Justice, and eventually given a fine.

The commission is now coming down hard on Warsaw to prevent what it says is not just an increasing threat to Poland`s democratic standards but those across the 28-nation bloc.

"The European Commission launched an infringement procedure against Poland by sending a letter of formal notice, following the publication in the Polish Official Journal of the Law on the Ordinary Courts Organisation on Friday 28 July," the European Commission said in a statement.

It said Poland`s governing Law and Justice Party (PiS) had one month to respond to Commission concerns, including that "the independence of Polish courts will be undermined" by increased powers for the justice minister.

Other concerns, it said, include "discrimination on the basis of gender due to the introduction of a different retirement age" for female and male judges.

The legal action had been expected after Polish President Andrzej Duda signed into law a measure earlier in the week that allows the justice minister to unilaterally replace the chief justices of the common courts.

However, Duda surprised many in the government when he vetoed a bill that would have reinforced political control over the Supreme Court and another allowing parliament to choose members of a body designed to protect the independence of the courts.

The ruling Law and Justice party nonetheless vowed to push ahead with all the reforms despite the vetoes.

European Commission First Vice President Frans Timmermans on Wednesday warned of even more severe action if Supreme Court justices are sacked.

"If such a measure is taken the commission is ready to immediately trigger the Article 7 procedure," Timmermans said Wednesday.

Article 7 is a never-before-used EU process designed to uphold the rule of law, a so-called "nuclear option" that can freeze a country`s right to vote in meetings of EU ministers.

The legal reforms have triggered mass street protests in Poland and raised fears for the rule of law in one of the EU`s leading eastern former communist states.

Brussels and Warsaw have been at loggerheads over the legal changes ever since the right-wing PiS took power in 2015 and announced reforms to Poland`s constitutional court.</s>The escalating standoff with Poland threatens to deepen an east-west split in the EU

The European Union announced Saturday it had launched legal action against Poland’s rightwing government over a new law that it fears will erode judicial independence.

The action escalates EU pressure on Warsaw over what Brussels sees as a growing threat, not just to democratic standards in Poland but across the 28-nation bloc.

“The European Commission launched an infringement procedure against Poland by sending a letter of formal notice,” the EU’s powerful executive said.

It was sent after Poland published the law reorganising its ordinary courts on Friday.

The EU statement said Warsaw had one month to reply to the Commission letter, which “raises concerns that… the independence of Polish courts will be undermined.”

The action eventually could lead to Poland being hauled before the bloc’s highest court, the European Court of Justice, and possibly fined.

The Commission has also warned of even tougher measures if the governing Law and Justice Party (PiS), which has raised EU concerns since winning the Polish elections in late 2015, forges ahead with deeper court reforms.

In Warsaw, Polish President Andrzej Duda’s chief of staff Krzysztof Szczerski warned on Saturday that the Commission had “entered a path that leads nowhere,” saying organisation of the courts was the sovereign preserve of member states.

“At a certain point, a reversal will be obligatory” for the Commission, which will face “increasingly high” costs each step it takes, Szczerski told PAP news agency.

Poland’s deputy foreign minister for European affairs, Konrad Szymanski, said the new law carried proper guarantees and the EU action was “unfounded.”

The EU move had been expected after Duda on Tuesday signed into law a measure allowing the justice minister to unilaterally replace the chief justices of common courts, which rank below the Supreme Court.

However, Duda, a former PiS party member who turned independent, stunned the government when he vetoed another bill that would have reinforced political control over the paramount court.

He also vetoed a bill allowing parliament to choose members of a body designed to protect the independence of the courts.

Polish Prime Minister Beata Szydlo has vowed to push ahead with all the reforms despite Duda’s vetoes.

European Commission First Vice President Frans Timmermans on Wednesday warned the “commission is ready to immediately trigger the article 7 procedure” if Supreme Court justices are sacked.

Article 7 is a never-before-used EU process designed to uphold the rule of law, a so-called “nuclear option” that can freeze a country’s right to vote in meetings of EU ministers.

The chances are slim that its voting rights could actually be suspended. Populist Hungarian Prime Minister Viktor Orban has vowed he would instantly veto any such move by the EU.

The escalating standoff with Poland threatens to deepen an east-west split in the EU.

Hungary itself faces EU legal action over laws targeting education and foreign civil society groups, while Poland, Hungary and the Czech Republic also face action for ignoring the bloc’s migrant relocation quotas.

The Commission said the threat to judicial independence came from the Polish justice minister getting “discretionary power to prolong the mandate of judges who have reached retirement age as well as to dismiss and appoint court presidents.”

Other concerns, it said, include “discrimination on the basis of gender” by setting the retirement age at 60 for female judges and at 65 for their male counterparts.

Timmermans also sent a letter on Friday to Poland’s Foreign Minister Witold Waszczykowski and Justice Minister Zbigniew Ziobro saying the “Commission’s hand is still extended” as he invited them to Brussels to relaunch a long drawn-out dialogue on the judiciary reforms.

The legal reforms have triggered mass street protests in Poland and raised fears for the rule of law in one of the EU’s leading eastern former communist states.

Brussels and Warsaw have been at loggerheads ever since PiS announced reforms to Poland’s constitutional court after coming to power in late 2015.

EU Justice Commissioner Vera Jourova has expressed fears the “whole EU system of mutual recognition of court decisions” could be undermined if Polish judicial independence were undermined.</s>The European Union has launched legal action against Poland’s government over a controversial new law that could undermine the independence of the country’s courts and give the ruling Law and Justice party (PiS) too much influence over them.

The commission said in a July 29 statement that it has sent a letter of formal notice to Warsaw following the publication of the law in Poland.

The EU took issue with the law because it introduced different retirement ages for female and male judges, which is a breach of EU antidiscrimination laws.

“The new rules allow the minister of justice to exert influence on individual ordinary judges through, in particular, the vague criteria for the prolongation of their mandates, thereby undermining the principle of irrevocability of judges," the European Commission said in its statement.

The statement said Poland’s right-wing government had one month to respond to the commission's concerns.

Commission Vice President Frans Timmermans sent a letter on July 28 to Poland's foreign minister reiterating an invitation to him and the justice minister to meet in Brussels to relaunch dialogue.

Timmermans said on July 26 that the commission could trigger Article 7, a legal process of suspending Poland's EU voting rights, if Warsaw went ahead with plans to undermine the independence of the judiciary and the rule of law.

Based on reporting by AFP, Reuters, and dpa
The European Union's executive branch sends a formal notice to Poland expressing their concern that the new "discretionary" powers given to the country's justice minister threaten the independence of the courts in violation of EU laws. Poland has a month to respond.