Monday

21st May 2018

EU confrontation with Poland escalates

  • Polish government said EU action is "premature" (Photo: Giuseppe Milo)

The European Commission has given Poland three months to take action to protect the rule of law in the country or else face possible sanctions.

EU commission vice-president Frans Timmermans on Wednesday (27 July) told reporters Polish authorities have failed to guarantee the independence of its courts.

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In a separate statement issued to the press, the commission said it "believes that there is a systemic threat to the rule of law in Poland."

Poland's ruling Law and Justice (PiS) party last year refused to recognise rulings by the country's constitutional court and curtailed its powers. It had also attempted to fill it with judges of its own choosing after sacking five that had been appointed by the previous government.

The move has created a tense standoff between Poland and the commission ever since January.

The Brussels-executive had earlier highlighted the problems in an opinion, but it remained unsatisfied by the Polish response on Wednesday.

Poland on 22 July had adopted a new law on the constitutional tribunal in an effort to address the outstanding issues raised by the commission.

But a review of the new Polish law has failed to impress.

"Our conclusion is that the fundamental concerns are still unresolved. This new law did not address the threat to the rule of law in Poland," said Timmermans.

Timmermans said "integrity, stability, and proper functioning" of Poland's constitutional court remained at risk.

The commission also noted that issues such as the publication and implementation of the judgments and the swearing in of the judges remained unaddressed.

Poland, for its part, was not receptive to the criticism.

In a statement, Poland's ministry of foreign affairs described the commission's measures as "very premature."

"They put the EC at risk of losing its authority, which it needs to fulfil its functions as set out in the Treaties," it said.

Wednesday's recommendation is stage two in a three-step process that could lead to stripping Poland of its voting rights.

Should Poland fail to reform its law then the EU could launch the “article 7 procedure”, based on a passage in the EU treaty.

The procedure, which has never before been triggered, could lead to the suspension of Poland's voting rights in the Council.

Opinion

EU political pressure alone cannot save the rule of law

The situation in Poland shows that democracy, the rule of law and human rights do not speak for themselves. If the Union wants to safeguard its fundamental values, it must create support for them among Europeans.

Poland's constitutional crisis looms larger

The clock is ticking towards Poland's EU deadline to solve it's constitutional crisis, after the government's latest attempt to repair the situation was ruled unconstitutional by the country's constitutional court.

Eight countries to miss EU data protection deadline

The EU starts enforcing its general data protection regulation on 25 May - but Belgium, Bulgaria, Cyprus, Czech Republic, Greece, Hungary, Lithuania and Slovenia won't be ready. The delay will cause legal uncertainty.

Opinion

Linking EU funds to 'rule of law' is innovative - but vague

Defining what constitutes 'rule of law' violations may be more difficult than the EU Commission proposes, as it tries to link cohesion funds in east Europe to judicial independence. A key question will be who is to 'judge' those judges?

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