EU Commission ends rule of law review in Poland early

European Commission decision Termination of Article 7 proceedings against Poland On Wednesday, the EU decided not to approve the bill even though Poland’s newly elected government has not yet implemented all the necessary reforms. Article 7 is the EU’s main treaty-based mechanism for holding EU member states accountable for undermining EU values, including violating the rule of law.

Poland invoked Article 7 of its constitution in 2017 in response to a ruling Law and Justice party (Prawo i Sprawiedliwość). the political takeover of the country’s judicial system by the Law and Justice Party (PiS) and a challenge to the supremacy of the EU over national law.

The rush to conclude the process was based largely on the “promises” of Poland’s new coalition government, which came to power in December last year under the leadership of former Polish Prime Minister and European Council President Donald Tusk. action planbut few concrete measures have been taken. In addition, there are concerns about how it will deal with the dissolution of the previous government. Judicial control.

Poland still needs to undertake significant reforms to fully meet EU rule of law requirements, including transparent, independent rulings and respect for due process when removing judges appointed by the previous government. The Venice Commission, the Council of Europe’s constitutional body, has taken note of this issue. proposed question Regarding Polish legislation on the removal of judges.

The dismissal of judges or media professionals without adequate safeguards – as happened in December last year Mass layoffs Such statements, published in state media, risk violating the principles of democracy and the rule of law that the new government has pledged to protect.

A hasty decision by the Commission could create the perception that the Commission is biased and risk politicizing the Article 7 process.

Hungarian Prime Minister Viktor Orbán could also use it to discredit the Article 7 mechanism or even end the review of Hungary that began in 2018.

Even as it prepares to assume the rotating presidency of the Council of the European Union in July, the Orban government continues to blatantly disregard EU norms, the rule of law, and human rights. A recent Hungarian law effectively gives the government Broad powers Achieve goals Civilized Society and independent media. The deteriorating state of democracy and rights in Hungary should have made the committee think twice about setting a potentially damaging precedent.

At this stage of Poland’s political transition, it is crucial to continue monitoring the rule of law, fundamental rights and democracy in Poland, using all the tools at the EU’s disposal.