The European Commission has made proposals to the European Council to adopt a decision under Article 7(1) of the Treaty on European Union (TEU) against the member state of Poland. This proposal has come after repeated efforts over two years to engage Polish authorities in constructive dialogue in relation to the Rule of Law Framework contained in Article 2 of the TEU.
For the last two years, Polish authorities have adopted multiple laws which affect the structure of their justice system including the Constitutional Tribunal, Supreme Court, ordinary courts, the National Council for the Judiciary, the prosecution service and the National School of the Judiciary. These laws enabled the executive and legislative branches to politically interfere in the composition, powers, administration and functioning of the judicial branch. This has cause concern surrounding the lack of independent and legitimate constitutional review and judicial independence.
Under Article 7 of the TEU, the European Council may determine that there is a clear risk of a serious breach by a member state of the values of the EU under Article 2 of the TEU. These values include respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. The European Council may make recommendations to Poland. If Poland does not follow the recommendations, the European Council may determine the existence of a persistent breach, and may decide to suspend rights deriving from the application of the Treaties to Poland, including voting rights of the representative of Poland’s Government.
The Commission further submitted Rule of Law Recommendations to be addressed by the European Council. These Include amendments to Supreme Court Law, removing the discretionary power of the President to prolong the mandate of the Supreme Court Judge and removing the extraordinary appeals procedure. The recommendations also issue an amendment of law on the National Council of the Judiciary, to ensure the appointment of judges-members by their peers, and amendments to or withdrawal of the law on the Ordinary Courts Organisation, which allows the Minister of justice to prolong the mandate of judges and appoint and dismiss presidents of the courts. They also submit that the Polish authorities ensure the Judges of the Constitutional Tribunal are lawfully elected and that all judgements are published are fully implemented, and that the Polish authorities refrain from public statements which further undermine the legitimacy of the Judiciary.
For the full European Commission Press Release, click here.