| Summary: | (Series Information) European Papers - A Journal on Law and Integration, 2017 2(3), 797-802 | Editorial | (Abstract) The political developments in Poland, which took place in course of the past two years, have brought very chilling eastern winds to Brussels. Interestingly enough the most recent episode in the polish saga is not related to any of its domestic constitutional issues but rather to a woodworm, which populates some of the Polish forests and, as it happens, it is the arch-enemy of the Poland's Minister of Environment. The latter decided to employ its strongest armoury and for months now has been proceeding with a large-scale logging of primeval Białowieża Forest, which is a UNESCO protected site and a habitat of many animals, including some of the endangered species. According to the European Commission, the actions of the Polish authorities constitute a breach of two EU environmental directives. Bearing in mind the scale of the cull and the pace of it, the European Commission filed for an interim order requesting suspension of the logging. This was entertained by the Court of Justice almost in an instant, yet on temporary basis, until the judges conduct an in-depth enquiry whether the request made by the applicant has merits. The woodworm case has exposed a number of interesting phenomena. The story of Polish woodworm games not only encapsulates the weaknesses of the EU law enforcement machinery but it also unveils, once again, a paradox. The EU's toolbox provides ammunition that can be used in case of breach of EU legislation proper. However, it leaves the EU almost toothless when it comes to cases of flagrant breaches of rule of law. To put it differently, the European Commission may take a Member State to the Court of Justice, and have the latter impose penalties for logging of a forest in breach of EU environmental law. Yet, when the Member State undermines the independence of judiciary, by making its Minister of Justice a key player in judicial appointments and dismissals and, at the same time, a chief public prosecutor, the European Commission can only trigger its Rule of Law Mechanism and adopt non-binding recommendations or reasoned opinions.
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