This paper critically examines the Order of the Vice-President of the Court of Justice of 21 April 2023 in case C-204/21 R-RAP, which halved the periodic penalty payment imposed on Poland for failing to comply with a previous interim measure concerning judicial independence. Despite Poland’s persistent breaches of EU law regarding the judiciary, the Order finds partial or full compliance in several respects, based on minimal legal reforms and procedural adjustments. The analysis challenges the Vice-President’s reasoning, arguing that the modifications adopted by Poland do not substantively fulfil the conditions of the interim measure. It also questions the legal and logical coherence of the notion of “change in circumstances” applied to justify reducing the penalty. The article contends that this approach weakens the enforcement of interim measures under Article 279 TFEU and risks undermining the effectiveness of the EU’s response to systemic rule of law backsliding.
Lanotte, M. (2023). Warsaw does not fulfil, and Luxembourg cuts the sanction in half. It doesn’t add up!. QUADERNI AISDUE, 2023(2), 179-186.
Warsaw does not fulfil, and Luxembourg cuts the sanction in half. It doesn’t add up!
MIRIANA LANOTTE
2023
Abstract
This paper critically examines the Order of the Vice-President of the Court of Justice of 21 April 2023 in case C-204/21 R-RAP, which halved the periodic penalty payment imposed on Poland for failing to comply with a previous interim measure concerning judicial independence. Despite Poland’s persistent breaches of EU law regarding the judiciary, the Order finds partial or full compliance in several respects, based on minimal legal reforms and procedural adjustments. The analysis challenges the Vice-President’s reasoning, arguing that the modifications adopted by Poland do not substantively fulfil the conditions of the interim measure. It also questions the legal and logical coherence of the notion of “change in circumstances” applied to justify reducing the penalty. The article contends that this approach weakens the enforcement of interim measures under Article 279 TFEU and risks undermining the effectiveness of the EU’s response to systemic rule of law backsliding.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
