L’Union européenne a condamné, mercredi, la Pologne à une astreinte d’un million d’euros par jour pour le manque d’indépendance de son pouvoir judiciaire.
La sentence européenne est tombée. Le contentieux entre Varsovie et Bruxelles sur le manque d’indépendance des juges s’est encore alourdi, mercredi 27 octobre, avec la condamnation de la Pologne à une astreinte d’un million d’euros par jour par la justice de l’UE.
Cette décision sanctionne le non respect par la Pologne d’un arrêt de la Cour de justice de l’UE (CJUE) qui avait ordonné, le 14 juillet, la cessation immédiate des activités de la chambre disciplinaire de la Cour suprême polonaise.
Dans une première réaction, Varsovie a accusé la Cour d'”outrepasser et d’abuser” de ses compétences en matière de sanctions financières, par la voix d’un secrétaire d’État à la Justice, Sebastien Kaleta.
Le chef du gouvernement conservateur nationaliste polonais, Mateusz Morawiecki, s’est engagé encore récemment à abolir cette chambre, dont la suppression avait déjà été annoncée en août par Varsovie mais qui continue à fonctionner.
Cet organe, mis en place dans le cadre d’une réforme controversée de la justice polonaise, est chargée de superviser les juges, avec le pouvoir de lever leur immunité pour les exposer à des poursuites pénales ou de réduire leurs salaires.
La CJUE avait estimé, en juillet, que cette chambre “n’offrait pas toutes les garanties d’impartialité et d’indépendance” et n’était “pas à l’abri d’influences directes ou indirectes des pouvoirs législatif et exécutif”.
“Le respect des mesures provisoires ordonnées le 14 juillet est nécessaire afin d’éviter un préjudice grave et irréparable à l’ordre juridique de l’Union européenne ainsi qu’aux valeurs sur lesquelles cette Union est fondée, notamment celle de l’État de droit”, a souligné la Cour mercredi.
Une sanction financière avait été réclamée à la Cour le 7 septembre par la Commission européenne au motif que “les systèmes judiciaires de l’UE doivent être indépendants et équitables”.
Plan de relance gelé
Selon une source européenne, l’astreinte devait s’appliquer dès mercredi, une fois la Pologne notifiée de l’ordonnance rendue par la Cour.
Varsovie est en conflit avec Bruxelles depuis plusieurs années à propos des réformes judiciaires engagées par le parti conservateur nationaliste au pouvoir (PiS), accusées de saper le pouvoir des juges.
Les tensions se sont encore accrues depuis une décision, le 7 octobre, du Tribunal constitutionnel polonais, qui a décrété certains articles des traités européens incompatibles avec la Constitution nationale. Un coup de tonnerre pour les Européens, qui y voient une attaque sans précédent contre la primauté du droit de l’UE et le respect des décisions de la Cour.
Le manque d’indépendance de la justice polonaise et la primauté du droit européen ont été l’un des sujets dominants du sommet européen à la fin de la semaine dernière.
Les Vingt-Sept avaient joué la carte de l’apaisement, l’Allemagne pesant de tout son poids, tout en se réservant la possibilité de mesures de rétorsion ultérieures.
Tout en assurant vouloir demeurer membre de l’Union européenne, qu’elle a rejoint en 2004, la Pologne a dénoncé à plusieurs reprises “un chantage” de Bruxelles.
Le plan de relance post-Covid de la Pologne d’un montant de 36 milliards d’euros est actuellement gelé par la Commission qui réclame des garanties sur l’indépendance du système judiciaire polonais.
source:AFP
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