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EU: EU Commission, “risk of serious breach of the rule of law in Poland”

(Brussels) There is “a clear risk of a serious breach of the rule of law in Poland”, so today the European Commission adopted a “reasoned proposal” in response to the EU Council asking it to take a position. In Poland, the recent legal reforms, as mentioned in a release from Brussels, are making the EU Commission raise doubts on “the actual enforcement of the EU law, from protection of investments to mutual recognition of decisions in several areas, such as controversies about childcare or the enforcement of European Arrest Warrants”. For the first time, the EU Commission calls in Art. 7 (and its fines) of the Treaty on threats to the rule of law. The EU Commission issued a (fourth) additional recommendation”, in which it lists “the measures that the Polish authorities can take to correct the situation”. Within three months. In addition, the EU Commission decided to move on to the next step of the infraction procedure against Poland, through the European Court, due to “breach of the EU law with the law on common courts organisation”. Despite these “unprecedented measures”, the EU Commission is open to “a constructive dialogue” to correct the situation, the statement says. Earlier “recommendations” (July 27th and December 21st 2016, July 27th 2017) went unheeded; the fourth one is focused on the “concerns raised by the new Supreme Court and the act on the national magistrates’ governing council, enacted by the Polish Parliament on December 15th”.

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