On May 6th, a significant development unfolded as the European Commission concluded its analysis on the rule of law situation in Poland, thereby closing the Article 7(1) TEU procedure. The Commission’s statement, declaring the absence of a clear risk of a serious breach of the rule of law in Poland, marks the end of a six-year-long process. Commission President Ursula von der Leyen, in her announcement, emphasised that this decision paves the way for a ‘new chapter‘ in Poland’s journey.
The rule of law proceedings were initiated when the nationalist Law and Justice (PiS) party, which ruled for eight years, overhauled the judiciary in a way that the EU felt undermined democratic checks and balances and gave government control over the courts. This led to a period of political tension and disagreement between Poland and the EU.
Last year, pro-EU liberal Donald Tusk became prime minister with the aim of restoring judicial independence in the country and ending Poland’s political isolation within the Union.
The Commission recognises Polish efforts
In a statement issued on May 6th, the Commission acknowledged that Poland has taken several legislative and non-legislative measures to address the concerns over the independence of the justice system. Poland has also acknowledged the primacy of EU law and is committed to implementing all the judgments of the Court of Justice of the European Union and the European Court of Human Rights related to the rule of law, including judicial independence.
The Commission has examined the factors mentioned above and concluded that there is no longer a clear risk of a serious breach of the rule of law. The adoption of a clear program in the form of the Action Plan presented by Poland in February 2024, along with the fact that Poland has taken the first concrete steps to implement the Action Plan, and the acknowledgement by Poland that the rule of law needs to be addressed are directly relevant to the Commission’s risk assessment.
It is important to note that Poland joined the European Public Prosecutor’s Office on February 29th, 2024.
Therefore, the Commission has informed the Council and the European Parliament, which will have the opportunity to provide feedback on this assessment, of its intention to withdraw its Reasoned Proposal from 2017, thereby closing the Article 7 (1) procedure.
“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,” President of the European Commission, Ursula von der Leyen stated.
“Great news from Burussels today! Thank you President @vonderleyen for the cooperation and support! Poland is cosequently bringing back rule of law. We are determined and devoted to our common European vaues,” posted on X Polish Minister of Justice Adam Bodnar.
“The consistent restoration of the rule of law brings further results in the international arena. A chance to quickly complete the procedure under Art. 7 is not only our work in @MS_GOV_PL , but also thanks to the commitment of the entire government, in particular the Prime Minister @donaldtusk and the Minister @adamSzlapka,” Minister Bodnar added in another post.
Vice-President for Values and Transparency Věra Jourová is going to present the Commission’s analysis in the upcoming meeting of the General Affairs Council. Following this, the Commission plans to formally withdraw the Reasoned Proposal on Article 7(1) TEU, taking into account any feedback from the Council.
“I welcome the positive trend of the Polish authorities aiming at restoring judicial independence and addressing other concerns related to the Article 7 procedure. While work needs to continue, the actions so far let us to conclude the clear risk of of a serious breach of the rule of law is no longer here. It is good for the EU and good for Poland that this procedure might be soon closed,” stated Vice-President Jourová.
The measures under the Action Plan, as well as other steps to promote the rule of law in Poland, will continue to be regularly monitored, in particular, under the Rule of Law Report process. This ongoing monitoring is crucial to ensure that the progress made is sustained and that any potential challenges or issues are addressed in a timely manner.
