Europe’s defining choice on Poland

Background

+ Article 7 Rule of law procedure
On the 20 December 2017 the European Commission proposed to the Council to adopt a decision under Article 7(1) of the Treaty on European Union against Poland. The Commission had concluded that there was a clear risk of a serious breach of the rule of law in Poland.

Judicial reforms in Poland meant that the country's judiciary was now under the political control of the ruling majority. In the absence of judicial independence, serious questions were raised about the effective application of EU law.

In addition, the Commission decided to take the next step in its infringement procedure against Poland for breaches of EU law by the Law on the Ordinary Courts Organisation, referring Poland to the Court of Justice of the European Union.

Whilst taking these unprecedented measures, the Commission maintained its offer for a constructive dialogue to remedy the situation.

In response, the Polish government said it regretted the development, which it felt was political not legal. It would put an unnecessary burden on mutual relations between Poland and the European Commission. It argued that the recently introduced changes to laws reforming the system of justice in Poland accommodated the expectations of the Commission. Poland was ready to defend its claims at the Court of Justice of the European Union (ECJ) as an independent and impartial judicial body.

In a separate but related development Polish President Andrzej Duda signed into law on the 20 December 2017 two bills reforming the country's key judicial bodies. The two bills reformed the Supreme Court (SN) and the National Judicial Council (KRS). The European Commission had already referred these laws to the ECJ.

+ New Polish Government of December 2017-January 2018
Polish Prime Minister Beata Szydło was removed from office by the political committee of her Law and Justice (PiS) party in December 2017. Party leader Jaroslaw Kaczynski named minister Mateusz Morawiecki as the new head of government. The new Prime Minister instigated a major government reshuffle in January 2018 In this commentary feature the author suggested that the European Union's decision on whether or not to declare Poland in breach with European rule of law standards would come down in the spring of 2018 to a choice between principles and pragmatism.

Social Europe, 16.02.18: Reject Kaczyński’s Attack On The Rule Of Law In Poland https://www.socialeurope.eu/reject-kaczynskis-attack-rule-law-poland

Carnegie Europe: Strategic Europe, 01.03.18: How Not to Lose Friends and Alienate People http://carnegieeurope.eu/strategiceurope/75677

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