After 6 years, the European Commission terminated the procedure against Poland regarding violation of the rule of law

The European Commission has decided to terminate the penalty procedure against Poland regarding the violation of the rule of law provided for in Article 7 of the Treaty on European Union. The commission believes that in Poland "there is no longer a clear risk of a serious violation of the rule of law."

This was reported by the press service of the European Commission.

"Poland introduced a number of legislative and non-legislative measures to solve the problem of the independence of the judicial system, recognized the supremacy of EU law and undertook to comply with all decisions of the Court of Justice of the European Union and the European Court of Human Rights concerning the rule of law, including the independence of judges," the European Commission noted.

During the meeting of the Council on General Issues held on May 21, the Vice President of the European Commission Vera Yurova held a conversation with the ministers regarding the situation in Poland. Countries recognized the efforts made by Poland to address the rule of law situation, so the Commission decided to close the Article 7 procedure and informed the Council and the European Parliament of the withdrawal of its 2017 reasoned proposal.

"We will continue to work with the Polish authorities to support them in their efforts to promote the rule of law," Yurova said.

The Commission will continue to monitor measures and other steps aimed at promoting the rule of law in Poland, in particular within the framework of the preparation of the Report on the State of the Rule of Law.

What is it about?

The supremacy of European law over national legislation is one of the cornerstone principles of the EU. In 2019, Poland adopted a judicial reform that, according to the decision of the EU court, contradicts European legislation — the Disciplinary Chamber of the Supreme Court, which appeared as a result of the reform, is authorized to dismiss and prosecute judges "who do not meet the requirements of independence and impartiality."

Poland has long been at odds with the EU over a series of controversial laws that limit the independence of the judiciary, media freedom and LGBT rights. Since 2017, the Polish government has been accused of appointing its own proteges to the Constitutional Court, and taking control of the Supreme Court with the help of the Disciplinary Chamber, which can fire dissenting judges. In 2021 , the Constitutional Court of Poland declared unconstitutional some clauses of the EU treaties, in particular the principle of supremacy of EU law over Polish laws.