“After more than 6 years, we believe that the Article 7 procedure can be closed. I congratulate PM Donald Tusk and his government on this important breakthrough. This is a result of Poland’s hard work and determined reform efforts,” European Commission President Ursula von der Leyen announced on Monday on social media.
On Monday, the European Commission (EC) revealed that it had concluded its assessment under the Article 7 procedure of the EU Treaty, initiated against Poland in 2017. The findings of this assessment are favorable, as the EC has acknowledged the legislative and non-legislative measures implemented by Poland to mitigate concerns regarding, among other issues, judicial independence.
“The ongoing restoration of the rule of law in Poland is great for the Polish people and for our Union as a whole. It is a testament to the resilience of the rule of law and democracy in Europe,” von der Leyen said in a statement.
“The Commission is therefore informing the Council and the European Parliament of this assessment and of the Commission’s intention to withdraw its Reasoned Proposal from 2017, thereby closing the Article 7 (1) procedure,” the EC added.
Why was Article 7 launched
The proceedings were launched when the right-wing Law and Justice Party (PiS) ruled the country.
The draft proposal to initiate the procedure, presented by then EC deputy head Frans Timmermans, showed that the European Commission had enough data to send a reasoned request to the European Council to recognize a clear risk of a serious breach of the rule of law in Poland. In it, the EC stressed that the rule of law is a very important cornerstone of the Community, and the first warning steps against Poland were taken as early as 2015.
“The ongoing restoration of the rule of law in Poland is great for the Polish people and for our Union as a whole. It is a testament to the resilience of the rule of law and democracy in Europe,” von der Leyen said in a statement.
“Poland… has recognized the primacy of EU law and is committed to implementing all the judgment of the Court of Justice of the European Union and the European Court of Human Rights related to rule of law, including judicial independence,” the European Commission wrote in a press release.Today, marks a new chapter for Poland.
— Ursula von der Leyen (@vonderleyen) May 6, 2024
After more than 6 years, we believe that the Article 7 procedure can be closed.
I congratulate PM @donaldtusk and his government on this important breakthrough.
This is a result of 🇵🇱 hard work and determined reform efforts.
“The Commission is therefore informing the Council and the European Parliament of this assessment and of the Commission’s intention to withdraw its Reasoned Proposal from 2017, thereby closing the Article 7 (1) procedure,” the EC added.
Why was Article 7 launched
The proceedings were launched when the right-wing Law and Justice Party (PiS) ruled the country.
The draft proposal to initiate the procedure, presented by then EC deputy head Frans Timmermans, showed that the European Commission had enough data to send a reasoned request to the European Council to recognize a clear risk of a serious breach of the rule of law in Poland. In it, the EC stressed that the rule of law is a very important cornerstone of the Community, and the first warning steps against Poland were taken as early as 2015.
The Commission also argued that during this period it had tried to conduct a constructive dialogue with the government in Warsaw, pointing out what should be done to avoid the current situation. The Commission lent credence to its opinion by quoting other organizations that have similarly assessed the situation in Poland, including the Venice Commission, the UN, and the OSCE.
When Donald Tusk, a pro-EU liberal, became prime minister last year, he decided to put Poland on a more pro-EU course, recognizing the primacy of the CJEU and the ECHR over Polish law.
Article 7
Article 7 of the Treaty on the European Union empowers the Union to take action against member states that violate EU values, offering a framework for discipline and penalties. This procedure unfolds in distinct stages. Initially, there is an acknowledgment of the risk of breaches within a state (7.1.).
Subsequently, in the second phase, all governments recognize the persistent and serious nature of the breach (7.2.). If this criterion is met, advancement to the third stage is possible, where voting on sanctions takes place (7.3.).
When Donald Tusk, a pro-EU liberal, became prime minister last year, he decided to put Poland on a more pro-EU course, recognizing the primacy of the CJEU and the ECHR over Polish law.
Article 7
Article 7 of the Treaty on the European Union empowers the Union to take action against member states that violate EU values, offering a framework for discipline and penalties. This procedure unfolds in distinct stages. Initially, there is an acknowledgment of the risk of breaches within a state (7.1.).
Subsequently, in the second phase, all governments recognize the persistent and serious nature of the breach (7.2.). If this criterion is met, advancement to the third stage is possible, where voting on sanctions takes place (7.3.).
Source: PAP, Reuters, tvn24.pl
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