EU official warns of swift legal action against Poland if judiciary reforms lead to 'mass firing' of judges

People attend a protest against supreme court legislation in Poznan - REUTERS
People attend a protest against supreme court legislation in Poznan - REUTERS

The EU has said it will threaten Poland with swift legal action if it begins dismissing judges under a controversial law signed by President Andrzej Duda.

Mr Duda had given the green light to a bill which would allow Poland's ruling Law and Justice party (SiP) to hire and fire its own judges in the country's ordinary courts.

He vetoed two other bills which would have given the government similar powers over the Supreme Court and the National Council of Judiciary.

Those bills were vetoed as they risked handing too much power to the country's justice minister, he said.

The proposals had sparked days of street protests across Poland by critics who said the reforms would grant political control over the judiciary.

Polish President Duda 
Polish President Duda

Supporters say the bills would lead to necessary changes to a judicial system that many Poles feel is corrupt and inefficient.

An EU official said the bloc would push ahead with legal action against Poland if the reforms led to politicians dismissing judges.

"If mass firing of judges starts, then a red line is crossed where all dialogue will need to be declared as failed," said the official, who spoke to Reuters on condition of anonymity, ahead of a European Commission meeting on Wednesday.

"For us the ultimate aim is to stop the firing of judges,"

People attend a protest against supreme court legislation in Wroclaw, Poland
People attend a protest against supreme court legislation in Wroclaw, Poland

"Tomorrow there will be a supplementary rule of law recommendation to account for the latest developments, obviously with clear deadlines for Poland to submit replies or change the laws.

"If they don't react, then we have no choice but to launch Article 7."

Article 7 is designed to punish a member state that refuses to respect the bloc's common law and values. The Commission argues that this covers not providing citizens with access to a court that is independent of politicians.

He added that Article 7 would be also be triggered if the presidential veto on the bills covering the Supreme Court and the National Council of Judiciary were overturned. 

 "On Wednesday, we can have a decision in principle with an empowerment for enforcement ... so you can launch the infringement with an hour if the veto were to be reversed."