Poland, which faced the Article 7 procedure initiated by the European Commission in 2017, has taken sufficient steps to improve the state of the rule of law in the country. As a result, the Commission has announced its intention to end this process. The 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 is a serious and exceptional process that can lead to a country’s voting rights being suspended in the Council of EU member states. In Poland’s case, concerns about judicial independence and other rule of law issues led to activation of this procedure by the EU Commission. Following recent parliamentary elections, where opposition coalition Donald Tusk emerged victorious, new government leaders have expressed commitment to improving rule of law situation in Poland. The Minister for Justice presented plans for judicial reforms including measures to enhance judges’ independence.
The EU Commission acknowledges these efforts made by Poland, including reforming judge appointment processes and recognizing primacy of EU law. Additionally, Poland joined European Public Prosecutor’s Office as a commitment to upholding rule of law and fighting crimes against EU budget. Despite progress made by Poland on these fronts, there remain concerns about judiciary independence and other rule-of-law issues in Polish society.
In response to these issues, sanctions were imposed on Poland by the EU including freezing stimulus funds meant for pandemic recovery efforts. Legal proceedings against Poland were also initiated at ECJ over concerns regarding primacy of EU law. However President Ursula von der Leyen considers this decision an important milestone towards strengthening ties between Europe and Poland while still allowing for constructive dialogue between both parties on shared values and priorities for mutual benefit.
