Poland has made “significant progress” in efforts to ensure its prosecution service is independent from the government, the European Commission has said in a new report.
Meanwhile, Poland has made “some progress” on separating the function of minister of justice from that of the prosecutor general, the EU’s executive said in an annual report that takes stock of the state of the rule of law across the continent.
However, in Hungary, ruled by nationalist Prime Minister Viktor Orbán, prosecutors remain subject to political influence, the commission said.
In Poland, the populist, right-wing Law and Justice (PiS) party which ruled for eight years until late 2023 carried out an extensive overhaul of the judicial system which the EU previously said damaged democratic checks and balances, and brought the nation’s courts under political influence.
The opposition at the time said that government politicians and apparatchiks who broke the law had a protective umbrella because the justice minister was also Poland’s prosecutor general, and could order his subordinates not to pursue such cases.
A new government headed by centrist, pro-EU Prime Minister Donald Tusk came to power in December, vowing to restore the rule of law and repair what it said were other anti-democratic abuses by its hard-right predecessors.
In its latest report, released on Wednesday, the European Commission also said Poland had made “some progress on strengthening the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account European standards.”
The former PiS-led government had been accused by critics of turning the public media into a party propaganda machine.
In Hungary, which like Poland has clashed with the EU over the rule of law, the European Commission said that “political influence on the prosecution service remains, with the risk of undue interference with individual cases.”
It added: “The freedom of expression of judges remains under pressure and smear campaigns against judges continue in the media.”
In addition, Hungary has made no progress on improving the transparency of case allocation systems in lower-instance courts, according to the commission.
However, in Hungary, ruled by nationalist Prime Minister Viktor Orbán, prosecutors remain subject to political influence, the commission said.
In Poland, the populist, right-wing Law and Justice (PiS) party which ruled for eight years until late 2023 carried out an extensive overhaul of the judicial system which the EU previously said damaged democratic checks and balances, and brought the nation’s courts under political influence.
The opposition at the time said that government politicians and apparatchiks who broke the law had a protective umbrella because the justice minister was also Poland’s prosecutor general, and could order his subordinates not to pursue such cases.
A new government headed by centrist, pro-EU Prime Minister Donald Tusk came to power in December, vowing to restore the rule of law and repair what it said were other anti-democratic abuses by its hard-right predecessors.
Media independence
In its latest report, released on Wednesday, the European Commission also said Poland had made “some progress on strengthening the rules and mechanisms to enhance the independent governance and editorial independence of public service media taking into account European standards.”
The former PiS-led government had been accused by critics of turning the public media into a party propaganda machine.
Concerns about Hungary
In Hungary, which like Poland has clashed with the EU over the rule of law, the European Commission said that “political influence on the prosecution service remains, with the risk of undue interference with individual cases.”
It added: “The freedom of expression of judges remains under pressure and smear campaigns against judges continue in the media.”
In addition, Hungary has made no progress on improving the transparency of case allocation systems in lower-instance courts, according to the commission.
Source: European Commission, Polish Radio, Reuters
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