Rule of Law: Commission discusses latest developments and issues complementary Recommendation to Poland

Author (Corporate)
Series Title
Series Details IP/16/4476 (21.12.16)
Publication Date 21/12/2016
Content Type

On the 21 December 2016, the European Commission discussed the state of play of the ongoing procedure concerning the Rule of Law in Poland and decided to issue a complementary Rule of Law Recommendation, taking into account the latest developments in Poland that have occurred since the Commission's Recommendation of 27 July 2016.

In this complementary Rule of Law Recommendation, the European Commission recommended for Poland to publish and fully implement all the judgments of the Constitutional Tribunal, including those of 9 March and 11 August 2016 concerning the Law on the Constitutional Tribunal. It also recommended to take the Opinion of the Venice Commission fully into account and ensures that the effectiveness of the Constitutional Tribunal as a guarantor of the Constitution was not undermined.

Finally, the Commission underlined that the loyal cooperation which is required amongst the different state institutions in rule of law related matters is essential in order to find a solution in the present situation.

The European Commission invited the Polish Government to solve the problems identified in this Rule of Law Recommendation as a matter of urgency, within 2 months, and to inform the Commission of the steps taken to that effect. If there is no satisfactory follow-up within the set time limit, the Commission had the discretion whether or not to resort to the procedure laid down in Article 7 TEU.

Source Link Link to Main Source http://europa.eu/rapid/press-release_IP-16-4476_en.htm
Related Links
ESO: Background information: Rule of law and democracy in Poland debated in Parliament for the fourth time, December 2016 http://www.europeansources.info/record/rule-of-law-and-democracy-in-poland-debated-in-parliament-for-the-fourth-time/
ESO: Background information: Is Poland’s Law and Justice government losing momentum? http://www.europeansources.info/record/is-polands-law-and-justice-government-losing-momentum/
ESO: Background information: Polish president appoints acting head of Constitutional Tribunal http://www.europeansources.info/record/polish-president-appoints-acting-head-of-constitutional-tribunal/
European Commission, DG Communication, MEMO/16/ 4479, 21.12.16: Commission Recommendation regarding the Rule of Law in Poland: Questions & Answers http://europa.eu/rapid/press-release_MEMO-16-4479_en.htm
ESO: Background information: Poland will reject ‘incompatible’ EU demands: PM http://www.europeansources.info/record/poland-will-reject-incompatible-eu-demands-pm/
ESO: Background information: Is the EU Commission’s Rule of Law Fight about Poland already lost? http://www.europeansources.info/record/is-the-eu-commissions-rule-of-law-fight-about-poland-already-lost/
Politico, 21.12.16: Commission sends Warsaw new rule of law test http://www.politico.eu/article/commission-sends-warsaw-new-rule-of-law-test/
Radio Poland, 21.12.16: European Commission steps up pressure on Poland http://www.thenews.pl/1/10/Artykul/285654,European-Commission-steps-up-pressure-on-Poland
EUObserver, 21.12.16: EU gives Poland more time to respect values https://euobserver.com/institutional/136383
EurActiv, 22.12.16: EU hits Poland with new rule of law deadline, sanctions remain ‘in toolbox’ http://www.euractiv.com/section/justice-home-affairs/news/eu-hits-poland-with-new-rule-of-law-deadline-sanctions-remain-in-toolbox/
Politico, 03.01.17: [Opinion]: Europe, stand up to Poland http://www.politico.eu/article/europe-stand-up-to-poland-rule-of-law-commission-recommendations-pis-jaroslaw-kaczynski/
Poland: Ministry of Foreign Affairs: Politics, 30.12.16: What Timmermans didn't write http://www.poland.pl/politics/opinions/what-timmermans-didnt-write/

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