The comparisons used in the text of the White Paper have been presented in a cross-cutting manner, as a proof that the European standards of the rule of law include many acceptable models – and the Polish model does not deviate from these standards. Moreover, Poland has never claimed that any EU Member State violates these standards in any manner. Just the opposite: according to the Government, the legislation functioning in those countries fully secures the rule of law, as it is in Poland.
In order to explain this issue in a broader sense, on Wednesday, 21 March, the Government sent the Member States and European institutions an additional documents constituting a more extensive explanation of the comparisons used, taking into account the differences among the individual legal systems and the legal and historical context. In Poland’s opinion, these differences show that the European Union allows very diversified legal models as part of common values. As long as the guarantees of the independent judiciary are maintained – and in Poland these guarantees are among the strongest guarantees in the EU (inter alia, immunity, life-long status of a judge, non-transferability, irremovability, high salary – also after retiring), the rule of law is not compromised.
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