The EU Commission has announced its intention to end the Article 7 procedure against Poland, which was initiated in 2017 due to concerns about the independence of the judiciary and other rule of law issues. This decision comes after a thorough analysis of the rule of law situation in Poland, with the Commission concluding that there is no longer a clear risk of serious violations of the rule of law.
The Article 7 procedure, based on the Treaty of Lisbon, is a serious and exceptional process that can lead to the suspension of a country’s voting rights in the Council of the EU member states. In Poland’s case, the procedure was activated by the EU Commission in response to concerns about the state of rule of law in the country.
Following recent parliamentary elections in Poland, where opposition coalition led by Donald Tusk emerged victorious, new government expressed its commitment to improving rule of law situation in country. The Minister of Justice presented plans to reform judicial system including measures to enhance independence judges.
The EU Commission’s analysis acknowledges efforts made by Poland to address rule of law issues such as reforming process for appointing judges and recognizing primacy EU legislation. Additionally, Poland has joined European Public Prosecutor’s Office demonstrating its commitment to upholding rule of law and combating crimes against EU budget.
President Ursula von der Leyen hailed decision as significant milestone for Poland and EU as whole. The commission will present results at next EU General Affairs Council meeting and expect formal withdrawal after considering views from European ministers. However concerns remain about independence judiciary and other rule-of-law issues in country, which prompted imposition sanctions on Poland including freezing stimulus funds from EU and initiation legal proceedings related primacy EU law in ECJ.
