Brussels closes proceedings against Poland for disrespecting the rule of law | European Union

The European Commission has decided to close the infringement procedure opened against Poland under Article 7 of the Treaty on European Union, as it considers – after the measures announced by Donald Tusk’s Government to repair the independence of the judicial system, to recognize the primacy of European legislation and respect the decisions of the European Courts of Justice and Human Rights – that “there is no longer an evident risk of serious violation” of the rules of the rule of law in the country.

In a statement released late this Monday morning, the community executive announced the conclusion of its analysis of the situation of the rule of law in Poland, in the context of the process that was launched against the country in December 2017, following the reform judiciary approved by the Law and Justice Party (PiS), which then dominated the Warsaw Government and Parliament.

It was the first time that Brussels resorted to what is called the EU’s “nuclear option”, as it could result in the suspension of a Member State’s right to vote: the reform of the functioning of the judicial system, which was now subordinated to the political power, with the Government and Parliament controlling the appointment and dismissal of judges and other judiciary, was classified as “a threat to the fundamental values ​​of a democratic rule of law”.

Further infringement proceedings relating to the functioning of Poland’s judicial system followed in July 2018, April 2019 and April 2020, and made their way to the EU Court of Justice – without the Polish authorities complying with the deliberations. of Luxembourg judges.

With the defeat of PiS in the legislative elections of October 2023, and the change of Government in Warsaw, the situation changed completely, as highlighted by a Commission source when contextualizing the decision announced this Monday. “There has been a change in the Government’s attitude and orientation, and the situation is evolving favorably”, he stated, referring to the action plan that was designed by the executive led by Donald Tusk to restore the independence of the judicial system.

The plan, which Justice Minister Adam Bodnar presented to the EU General Affairs Council in February, encompasses nine pieces of legislation to correct the various “problems” highlighted by the Commission and the CJEU in the functioning of the Constitutional Court and the Supreme Court, the National Judicial Council, and the Polish Attorney General’s Office, among others.

With the presentation of these legislative proposals – which are still awaiting approval in Parliament, and after that they may be vetoed by President Andrzej Duda –, and with the commitment made by the Government to respect the primacy of European legislation and the decisions of the Courts of Justice and Rights Human rights, the Commission considers that “the level of threat” to the rule of law in Poland “has decreased considerably”, and, therefore, maintaining the case against the country is not justified.

“The European Commission considers that there is no longer an obvious risk of a serious violation of the rule of law in Poland within the meaning of Article 7(1). Therefore, the Council informs [da União Europeia] and the European Parliament of this assessment and its intention to withdraw its reasoned proposal from 2017, thus ending the procedure”, says the statement sent by the community executive.

“This day marks a new chapter for Poland”, considers the President of the Commission, Ursula von der Leyen, who took advantage of the statement to publicly congratulate Prime Minister Donald Tusk and the entire Government for “this important advance”. “The restoration of the rule of law that is underway in Poland is excellent for the Polish people and for our Union as a whole, and is a testimony to the resilience of the rule of law and democracy in Europe”, she considered.