Green light to close the procedure against Poland. Hungary with reservations. Bodnar’s strong retort

Completing the procedure against Poland under Article 7 of the EU Treaty was one of the main topics of Tuesday’s (May 21) meeting of the General Affairs Council in Brussels with the participation of European ministers of the EU countries. Almost everyone welcomed the intentions of the European Commission, which – according to the assessment of May 6 – announced that “there is no longer a clear risk of a serious breach of the rule of law in Poland”, and therefore intends to close the procedure. Only the Hungarian minister signaled doubts, which, however, will not affect the final decision of the European Commission. According to the deputy head of the European Commission, Vera Jourova, the formal conclusion of the procedure against Poland will take place within a few days – certainly before the end of May.

Adam Bodnar: Restoring the rule of law in Poland is a complicated process

– This is an important day for Poland and Polish citizens. The procedure under Article 7 cast a shadow on Poland’s reputation, said Minister of Justice Adam Bodnar, who also participated in the EU Council meetings in Brussels. He thanked the European Commission and representatives of EU countries for their trust in the action plan to restore the rule of law in Poland, which he presented in February this year. and which is the basis for the Commission’s decisions. He admitted that rebuilding the rule of law in Poland is a “difficult, complicated process” that depends on various circumstances. – I am very grateful to the Member States who spoke today for their understanding of the difficulties involved in this process and for their trust in the action plan presented, as well as for their appreciation of everything that has been achieved so far – added Bodnar.

Some decisions await the results of the next presidential elections

Both the minister and Commissioner Jourova emphasized that despite the abolition of the procedure, the process of restoring the rule of law in Poland would still be monitored by the Commission. By the end of June, the government will present another report on the rule of law. However, Vera Jourova emphasized on Tuesday that she believes in the determination of the new Polish authorities. – We are aware that some things will go faster and some slower, and that it will be a mix of legislative and non-legislative activities – Jourova admitted.

Some of the actions from Bodnar’s plan will probably be implemented only after the presidential elections in 2025 due to the possibility of President Andrzej Duda using a veto. Some matters, such as the status of judges elected by the current National Council of the Judiciary, the so-called neo-judges, are controversial within the coalition and among judges. – We will have a debate and discussion on how to regulate their (neo-judges’) status so that every judge adjudicating in Poland has a full constitutional right to adjudicate, which will not be questioned by the judgments of either the CJEU or the European Court of Human Rights – added the minister.

Hungary raised reservations. “Politically motivated decision”

On Tuesday, Hungarians confirmed their reservations about the EC’s intention to close the procedure against Poland. In a letter to Jourová, Hungarian Minister for European Affairs Janos Boka questions the Commission’s assessment and accuses it that the basis for abolishing the procedure against Poland are only “political promises” and not the actual actions taken. Therefore, there is a risk that the EC’s decision will be considered “politically motivated”.

Bodnar commented on Budapest’s position. – The times when Poland and Hungary built rule of law institutes that were supposed to present an alternative interpretation of the rule of law are over. The times when Poland and Hungary jointly questioned various mechanisms of EU law, such as the conditionality mechanism, are over – added the minister. In turn, Jourova emphasized that the Commission acts on the basis of objective criteria.

Article seven was treated as a “nuclear option”

The procedure under Article Seven of the EU Treaty was initiated by the European Commission in December 2017 due to concerns that the reforms of the judicial system introduced by the then Polish United Right government threatened the independence of the courts and thus constituted a risk to the rule of law. Article Seven has often been called the nuclear option, which is intended primarily for deterrence and is extremely difficult to use. The most severe sanction it envisages is suspending the country’s voting rights, but this would require unanimity among EU countries (not counting the country covered by the procedure).

In the case of Poland, the initiation of the Article 7 procedure did not deter the PiS government, which did not withdraw from the reforms that Brussels feared and introduced further reforms. The effect of the procedure remained rather image-related and symbolic. And this will be the meaning of its repeal. – Being subject to the Article 7 procedure was a shadow over Poland’s position in the EU, making it very difficult for us to pursue our interests and strengthen our position. This is an extremely important day, said EU Affairs Minister Adam Szłapka in Brussels.

The Weimar Triangle announces the fight against disinformation

Also on Tuesday in Brussels, Poland, Germany and France presented a joint declaration on strengthening the fight against manipulation, disinformation and attempts at interference and destabilization from abroad. The document, the draft of which was seen by DW, includes, among others: a proposal to create a “European media platform that would contribute to the fight against disinformation by providing all EU citizens with high-quality information and independent journalism.” It also calls for regular consultations on suspected disinformation activities and closer exchange and coordination between relevant agencies of Member States.

The declaration proposed by the Weimar Triangle was joined by, among others: Slovenia, Czech Republic, Romania, Portugal and Spain.