The European Commission announced yesterday that it has launched infringement proceedings against Poland following a ruling by the country’s Constitutional Court that challenged the principle of European supremacy over national law.
What does “infringement procedure” mean?
The European Commission identifies possible breaches of EU law based on its own investigations or complaints from citizens, businesses or other stakeholders.
If the Member State does not notify measures of full transposition of the provisions of the directives, or does not rectify the alleged breach of EU law, the European Commission may initiate a formal infringement procedure. The process involves specific steps set out in the Treaties of the European Union. Each of these stages is completed with a formal decision:
The European Commission sends a formal letter requesting more information from the Member State concerned, which in turn must send a reasoned reply within a specified period, usually 2 months.
1. If the European Commission concludes that a Member State is failing to fulfill its obligations under Union law, it has the right to send a reasoned opinion: this is a formal request for compliance with EU law. It explains why it considers that the Member State is in breach of EU law. It also calls on the Member State to inform it of the measures it has taken, within a period of usually 2 months.
2. If the Member State still does not comply, the European Commission may decide to refer the matter to the European Court of Justice. Most cases are resolved without the need to go to court.
3. If the Member State does not notify measures of timely implementation of the provisions of a directive, the European Commission may ask the Court to impose sanctions.
4. If the Court finds that the Member State has infringed EU law, the national authorities must take steps to comply with the Court’s ruling.
5. If the Member State still does not remedy the situation, the European Commission may refer it back to the Court.
When referring a Member State to the Court for the second time, the European Commission proposes to the Court the imposition of financial sanctions, which consist of a lump sum and / or a daily allowance.
Something that is already happening, as the EU Court. has ordered Poland to pay a daily fine of € 1,000,000 to the European Commission for failing to suspend the provisions of national law.
The immigration crisis and the “tough” attitude of Brussels
The recent immigration crisis on Poland’s border with Belarus does not seem to have affected the EU’s attitude towards Warsaw. On the contrary, Brussels appears outraged by the general Eurosceptic – at least – attitude of the Polish government and does not seem willing to leave Poland’s actions “unpunished”.
In fact, it is not ruled out that the European leadership may further escalate the pressure on Warsaw, as it considers the questioning of Community law a “red line”.
It is true that the Commission is taking a risk with these initiatives, as anti-European sentiment has been strong in Poland lately. However, at the moment – and with the issue of Russian pressure on Ukraine open – there are many in Brussels who believe that Warsaw will eventually “back down” and in the future maintain a more moderate stance within the European Union.
