Brussels (Brussels Morning) – The European Commission concludes its assessment of Poland’s rule of law concerns, withdrawing its Article 7 proposal due to Poland’s commitment to reforms and progress in upholding EU law.
The European Commission has concluded its analysis of the rule of law concern in Poland in the context of the Article 7(1) Treaty on European Union procedure. The EU Commission believes that there is no longer a clear threat of a serious breach of the rule of law in Poland within the definition of Article 7(1) of the Treaty on the European Union.
Is Poland’s Rule of Law Situation Improving?
Poland has undertaken a series of legislative and non-legislative measures to manage the concerns about the autonomy of the justice system, it has recognised the importance of EU law and is committed to enforcing all the judgments of the Court of Justice of the European Union and the EU Court of Human Rights connected to rule of law including judicial independence.
Did Poland’s Action Plan Address Rule of Law Concerns?
European Commission states that the adoption of a clear programme in the form of the Action Plan submitted by Poland in February 2024, and the fact that Poland has taken the first concrete measures to implement the Action Plan, together with the declaration by Poland that the rule of law needs to be handled, are all directly relevant to an examination of risk by the Commission. Having examined these aspects, the Commission figures that there is no longer a clear risk of a serious breach of the rule of law. In this context, it is necessary to note that Poland joined the EU Public Prosecutor’s Office on 29 February 2024.
Is Poland’s Article 7 Procedure Set to Close?
The European Commission is therefore reporting to the EU Council and the European Parliament of this review and of the Commission’s intent to withdraw its Reasoned Proposal from 2017, thereby closing the Article 7 (1) procedure.
What Did the EU Commission President Say?
President of the European Commission, Ursula von der Leyen stated: “Today, marks a new chapter for Poland. After more than 6 years, we believe that the Article 7(1) procedure can be closed. I congratulate Prime Minister Donald Tusk and his government on this important breakthrough. It is the result of their hard work and determined reform efforts. The ongoing restoration of the rule of law in Poland is great for the Polish people and for our Union as a whole. It is a testament to the resilience of the rule of law and democracy in Europe.”
On 20 February 2024, Poland raised its Action Plan on the rule of law to the General Affairs Council. Following the pledge by Poland to address the serious rule of law concerns set out in the Commission’s Reasoned Proposal initiating the Article 7 procedure, the Commission has embarked on a new analysis to decide whether “a clear risk of a serious breach” still exists.
Is the EU Withdrawing Poland’s Rule of Law Proposal?
The EU Commission therefore plans to withdraw its Reasoned Proposal and it invites the Council to drive any observations it deems appropriate. To this end, the Commission has assumed an information note that Vice-President Věra Jourová has sent to the Council. The Commission also announced to the European Parliament about its analysis.
In the next Steps, Vice-President Jourová will deliver the Commission’s analysis in the forthcoming session of the General Affairs Council. After that, and taking into account any remarks by the Council, the Commission intends to formally retreat the Reasoned Proposal on Article 7(1) TEU. The actions under the Action Plan, as well as other steps to advance the rule of law in Poland, will continue to be regularly observed, in particular, under the Rule of Law Report process.
