What’s next for the EU’s infringement case against Poland

The country could face fines if a compromise is not reached.

The European Commission said Saturday it had launched an infringement procedure against Poland over plans by the ruling Law and Justice party (PiS) to exert more control over the judiciary — but it could be some time before Warsaw really feels the consequences.

Infringement proceedings are designed as a way to sanction EU countries if they violate EU law or fail to implement regulations, directives or decisions from the European Parliament, Council of the EU, or European Commission.

The Commission said it had sent a letter of formal notice — the first step in an infringement procedure — about Poland’s recent law on the organization of ordinary courts, highlighting what it sees as a violation of EU rules because the law dictates different retirement ages for male (65 years) and female (60 years) judges. The Commission requested the Polish government reply within one month.

The infringement case is the most significant legal step yet in the EU’s long-running showdown with Warsaw. In January 2016, the Commission launched a probe into what it described as “systemic threats” to the rule of law in Poland. Separately, Poland said Monday it intended to continue cutting down trees in the Białowieża forest, despite a European Court of Justice order to stop large-scale logging, after the Commission referred the country to the court in mid-July.

Although relatively common — 986 new infringement procedures were launched in 2016, according to the Commission — Poland’s case will be particularly closely watched as the Commission grapples with how to deal with member countries experiencing what critics refer to as “democratic backsliding.”

Next steps

If Poland does not reply to the Commission’s letter, or if its answers are not deemed satisfactory, the Commission could issue a second warning, called a “reasoned opinion,” allowing additional time for the country to address concerns. If after both warnings Warsaw still refuses to comply with the EU’s requests, the Commission can refer Poland to the European Court of Justice (ECJ).

In around 95 percent of cases, countries find compromises or ways to comply, according to the Commission.

If Poland fails to respond to the ECJ’s judgment at this stage, the Commission may open another infringement procedure, this time with “only one written warning” before referring the member country back to the court. The EU can then impose financial penalties on Poland “based on the duration and severity of the infringement and the size of the member state.”

Poland is not alone in facing Commission action over rule of law concerns.

Earlier this month, it launched infringement proceedings against Hungary over the country’s attempt to limit the influence of foreign-funded NGOs.

“The law interferes unduly with fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union, in particular, the right to freedom of association,” the Commission wrote in its decision.

Financial consequences

Poland could face large fines if Warsaw does not reach an agreement with the Commission and ultimately fails to comply with the court’s judgment.

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In 2005, for example, the ECJ ordered France to pay a fine of €20 million, as well as an additional €57 million every six months until it complied with EU measures on fisheries conservation.