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EU Commission Vice President Jourová: Threat to Poland
Photo: Christophe Licoppe / EU // Christophe Licoppe
In most EU countries, the law prevails, in some, however, the law of the rulers - that is the result of the EU Commission's second rule of law report, which was presented on Wednesday.
"There are serious concerns in a number of Member States," said Commission Vice-President Věra Jourová.
The Brussels authority has systematically examined the judiciary, the fight against corruption, freedom of the media and the state of the institutions in all 27 member countries.
In many countries, the Brussels authority only criticizes details in detail, in others it continues to see major weaknesses despite reform efforts.
Perhaps the biggest problem, however: Poland and Hungary are drifting further and further towards autocracy.
Most recently, this has been shown in the attempts of the Polish government to ignore the judgments and orders of the European Court of Justice - and to place national jurisprudence above that of the ECJ.
This development is extremely dangerous for the EU: Poland would leave the legal order of the EU, critics are already warning of the Polexit.
The commission is now escalating the conflict for its part: If Poland does not confirm by August 16 that it will follow the latest decision of the ECJ and stop the work of the controversial disciplinary body of its Supreme Court, the commission will apply for fines from the ECJ, Jourová threatened.
The Commission had previously avoided such a step.
Long list of allegations
When presenting the Rule of Law Report, however, the Commission refrained from specifically criticizing individual states.
After all, it is a preventive instrument that should create dialogue and trust, said Jourová.
But that shouldn't be a long time, especially in the case of Warsaw and Budapest.
There are also reasons for concern in other countries, as the Commission emphasizes.
Unlike Hungary and Poland, however, she sees most other countries on the mend.
She praised Slovenia and Bulgaria for improvements in the fight against corruption, and the Bulgarian reform of the legal system was also a direct consequence of the rule of law report of 2020.
Poland and Hungary, however, are moving further and further away from democracy, despite all EU procedures and pressure from other countries.
The Commission accuses Hungary of
Ignoring recommendations to strengthen the independence of the judiciary,
Favor nepotism,
Insufficiently prosecute corruption among senior officials and their confidants,
exert direct political influence over the media and intimidate independent journalists,
To put critical non-governmental organizations under pressure and to provide generous money to those close to the government.
Violence against journalists - also in Germany
In Poland, too, the report says, journalists are now being intimidated with legal proceedings and are less and less protected from violence.
The biggest problem remains that the government has largely brought the judiciary under its control.
The dispute over the sovereignty of the ECJ has now worsened the situation dramatically.
The German constitutional court also plays a controversial role in the dispute.
In May 2020, the Karlsruhe judges objected to the European Central Bank's bond purchases and also questioned the primacy of the ECJ.
The Polish government is now using the judgment as an argument for its own action.
Meanwhile, the EU Commission has initiated infringement proceedings against Germany that nobody knows where it will lead.
The Commission also criticizes Germany on other points.
A “main concern” is the safety of journalists, especially when reporting on demonstrations, according to the rule of law report.
The state justice ministers could also issue instructions to the public prosecutor's offices.
"As a role model for other member states, the federal government should immediately strengthen the independence of the public prosecutor's offices."
FDP MEP Moritz Körner
The commission had already criticized this in 2020, whereupon the Federal Ministry of Justice presented a draft law in January to restrict the right to issue instructions.
Little has happened since then.
"As a role model for other member states, the federal government should immediately strengthen the independence of the public prosecutor's offices," demands FDP MEP Moritz Körner.
Demands for withdrawal of money for Hungary and Poland
The disproportionately larger problems in Hungary and Poland mean that there are renewed calls for the withdrawal of EU funds.
Since the beginning of the year the EU budget has included a mechanism that enables this.
The fact that the Commission has not yet set it up has already brought a complaint from the EU Parliament to the ECJ for failure to act.
Now that she has officially questioned Hungary and Poland's ability to legally use the funds, further hesitation is likely to become even more difficult.
»A clear edge instead of a cuddle course.«
Sergey Lagodinsky, legal policy spokesman for the Greens
The rule of law report must finally be linked to the rule of law mechanism and "lead to serious consequences," says FDP man Körner.
The Commission rejects this: the report and the penal mechanism are not directly related, there is no automatism, said one official.
It doesn't get caught in the EU Parliament.
Its vice-president Katarina Barley (SPD) demands the immediate withdrawal of money for Hungary and Poland.
Sergey Lagodinsky, legal policy spokesman for the Greens, has a similar view.
"We have to check what funds should be cut from the illiberal governments."
The commission must now show "a clear edge instead of a cuddle course".