EU warns Poland against firing judges

BELGIUM: The European Union’s executive is threatening Poland with rapid legal consequences if it begins dismissing judges under powers created in a judicial reform.

Polish President Andrzej Duda yesterday ratified a bill giving the justice minister the power to hire and fire the senior judges who head ordinary courts, as part of the ruling Law and Justice (PiS) party’s flagship policy.

The nationalist, euroskeptic PiS says the powers are needed to streamline a slow and outdated legal system and make judges more accountable to the people. Critics say they will damage the independence of the judiciary, which is enshrined in the Polish constitution.

The European Commission has already mounted an unprecedented review of the rule of law in Poland. The prospect of politicians firing and replacing judges had now prompted it to come close to triggering an ‘‘Article 7’’ censure process, one EU official said.

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.

For a censure motion to pass, four-fifths of EU countries, or 22 of the 27 that would vote, would have to agree that there was a clear risk of a serious breach of respect for human rights or dignity, freedom, democracy, equality or the rule of law.

Sources in Brussels say Commission is consulting the EU capitals to build up the necessary majority, possibly for an EU ministers’ meeting on September 19.

‘‘If mass firing of judges starts, then a red line is crossed where all dialogue will need to be declared as failed,’’ the official said.

There is also a possibility that Poland could eventually be stripped of its voting rights in the EU under Article 7, although that would require unanimity from the 27 states, something that Hungary has already made clear it would prevent. – Reuters