The new Polish Government has asked the European Commission and the EU Member States to stop the sanctioning procedure against their country for eroding the rule of law.
To convince them, the Minister of Justice of the liberal Executive led by Donald Tusk presented this Tuesday to the Council of the EU the reform plan with which he plans to dismantle the attacks on justice by the ultra-conservative Law and Justice (PiS, for example). their follows in Polish) and return independence to judges and magistrates.
And the reaction has been very positive: “I think it is a realistic plan that should restore the independence of the judiciary.
That is also an objective of the Commission.
The action plan [presented] is a step in the direction that could lead to the closure of article seven,” said the vice president of the Commission, Vera Jourova, responsible for the area of defense of the rule of law.
These words from Jourova have come in a joint appearance with the Polish Minister of Justice, Adam Bodnar;
the Belgian Foreign Minister, Hadja Lahbib ―who in turn holds the presidency of the Council of the EU―, and the Commissioner for Justice, Didier Reynders, a staging with a clear objective: Warsaw's relationship with the institutions of the Union They have entered a completely different phase than the one they had with the Government of Jaroslaw Kaczynski's party.
This mention of “article seven” refers to the maximum sanctioning procedure of the community treaties, which can even end with the suspension of the voting rights of the punished country in the Council of the EU.
This is what is usually known in the Brussels bubble as the
nuclear button
.
“I am going to explain [to the rest of the partners and the European Commission] that if we deploy the plan, Poland should not have the procedure related to article seven open.
There is no need for this if all of us, in Poland, are absolutely committed to restoring the rule of law,” Bodnar noted upon arriving at the meeting.
The liberal coalition won the legislative elections last October and removed from power the ultra-conservatives who had governed since 2015. During this time they undertook a series of changes that undermined the independence of the Polish justice system, such as the creation of a sanctioning chamber of judges, or the irregular appointment of judges to the Constitutional Court, a body that subsequently ruled that the EU Treaties violate the Polish Constitution.
All of this led the European Commission to launch this sanctioning procedure in 2017 and send it to the Council of the EU, where it has not been completed so far.
The process is the same as the one that Hungary has open, also for attacking the rule of law, and which the Member States do not finish promoting either.
Now the new Polish Executive asks that the process decline and the Commission views the request favorably, although it asks for results.
"There is much work to be done.
The minister [Bodnar] has presented a series of laws that will have to be approved in Poland and that is when you realize how extensive the list of infractions is.
All these problematic issues have to be resolved,” said Jourova.
“The action plan is important, but also how it will be implemented.”
The head of Justice of the Commission, who recently visited Warsaw to meet with Bodnar, also likes the Polish Government's plans: “There were many positive comments at the meeting […].
We have already seen some decisions.
It's not just about the plan.
There are some decisions to go further with different concrete measures, such as participation in the European Public Prosecutor's Office,” said Reynders.
If the reforms that the Tusk Executive plans to implement go ahead, Warsaw could not only see the sanctioning procedure of article seven lifted without punishment, but it could also begin to receive resources from the European recovery fund, which until now has not been is perceiving.
The European Commission demanded reforms in justice from the Government to approve its plan and have access to that money, 59.8 billion euros between subsidies and credits.
However, these reforms have not yet seen the light of day.
The liberal coalition faces, among other difficulties, the opposition of the country's president, the also ultra-conservative Andrezj Duda, who has the ability to veto the legislation.
If he finally overcomes the obstacles, the money will likely flow.
This Friday, Commission President Ursula von der Leyen is scheduled to meet with Tusk in Poland, according to Polish media.
The German politician will pass through the country on her way to Ukraine, where she will travel with Alexander De Croo, the Belgian prime minister.
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