EU to end rule-of-law proceedings against Poland despite Hungarian opposition

EU member states have expressed their support for the European Commission’s proposal to end rule-of-law proceedings against Poland that were initiated under the previous Law and Justice (PiS) government.

However, Hungary – whose ruling party is an ally of PiS and which is itself subject to EU scrutiny – opposed the move, arguing that it is evidence of how Brussels uses rule-of-law issues as a “tool of political blackmail”.

The EU triggered its rule-of-law procedure – known as Article 7 – against Poland in December 2017 due to concerns that PiS’s policies, especially its overhaul of the judiciary, represented “a clear risk of a serious breach” of the rule of law, human rights, and press freedom.

However, after PiS was replaced in December by a new, more EU-friendly coalition led by Donald Tusk, Poland in February presented Brussels with an action plan to restore the rule of law and therefore exit the Article 7 proceedings.

Earlier this month, the European Commission announced its intention to end the rule-of-law procedure, saying that it “considers that there is no longer a clear risk of a serious breach of the rule of law in Poland within the meaning of Article 7”.

The next step in that process was presenting the commission’s position to the General Affairs Council, a body mainly made up of European affairs ministers from all EU member states. That was done yesterday by the commission’s vice president, Věra Jourová.

Poland’s justice minister, Adam Bodnar, reported that the only member state to express opposition to the commission’s plans was Hungary, which has also been subject to Article 7 proceedings since 2018.

Ahead of the meeting, Hungary’s minister for EU affairs, János Bóka, had sent a letter to Jourová outlining his government’s concerns.

He noted that the commission was planning to end Article 7 proceedings almost entirely on the basis of “political promises” by the new Polish government to address rule-of-law rather than the introduction of legislation to actually do so.

This “clearly contradicts [the commission’s] earlier position” and leaves the “commission facing the risk that its decision…will be considered as [being] taken purely on political grounds”, wrote Bóka.

It “reinforces the view that Article 7 is nothing more than a tool for political blackmail” said the minister yesterday, quoted by the Interia news website.

Bóka’s arguments echo those of PiS, which when in power argued that the EU’s rule-of-law proceedings against Poland were a form of “political blackmail” designed to change Polish policies and even bring about a change in government.

After Brussels moved this year to end those proceedings and unlock frozen European funds, despite Tusk’s new government not yet passing legislation to undo PiS’s justice reforms, PiS pointed to this as confirmation of its previous claims.

Jourová yesterday acknowledged that “not all legislative acts have been fully adopted” by Poland, reports the Polish Press Agency (PAP). But she added that the commission would continue to monitor the Polish government’s implementation of its action plan.

“We are aware that some things will go faster and some slower, and that it will be a mix of legislative and non-legislative activities,” she added. “But we no longer see serious violations of the rule of law in Poland, because judges are not the target of unfair disciplinary proceedings.”

She added that, following the positive reception of the commission’s proposal by the General Affairs Council, she would “in the coming days” propose to the commission that it end Article 7 proceedings against Poland.

Bodnar also confirmed that the Polish government’s action plan for restoring the rule of law will take at least months to implement, and may not be possible to fully complete until 2025, after PiS-aligned President Andrzej Duda, who has the power to veto laws, ends his second and final term.

“I am very grateful to the member states…for their understanding of the difficulties involved in this process and for their trust in the action plan presented, as well as for their appreciation of everything that has been achieved so far,” said Bodnar, quoted by the Gazeta.pl news website.

Speaking after the meeting, the minister of European affairs for Belgium, which holds the EU’s rotating presidency, said that commission’s decision to end Artice 7 proceedings against Poland was “a great day for Polish citizens, a great day for the European Union, and a great day for democracy”.

“I would personally like to commend Poland for its clear commitment to restore the rule of law in line with EU values and principles,” said Hadja Lahbib. “We are very happy to welcome Poland back to the fold.”

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Main image credit: European Union

Daniel Tilles

Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.