Poland: European Commission starts Rule of Law framework

The European Commission has entered into a dialogue with Poland on strengthening the principle of the rule of law – outcome uncertain.

On 13 January 2016 the European Commission held an orientation debate on the most recent political developments in Poland. First Vice-President Frans Timmermans was tasked with entering into an exchange with Poland in order to clarify whether there are signs of a systematic threat to the rule of law in Poland.

The background is constituted by controversial reforms to the constitutional court and public broadcasters which the Polish government of Prime Minister Szydło initiated immediately after coming into office. In so doing, the European Commission is making use for the first time of the new framework for strengthening the principle of rule of law. The new instrument was introduced in March 2014 – inter alia in response to difficult discussions with Hungary on the contentious media law enacted by the Orban government – in order to prevent infringements of the rule of law as stipulated in article 2 TEU. It is a three-stage procedure followed by what is termed the “procedure in accordance with article 7”, at the end of which the Council can impose sanctions (e.g. suspension of voting rights, suspension of structural funds).

The dialogue between the European Commission and Poland is still at a very early stage. The Council of Europe’s Venice Commission is expected to present a report on the matter in mid- March 2016, on the basis of which the European Commission will decide how to move forward. If the European Commission establishes a systematic threat to the rule of law, a position and a recommendation from the European Commission to Poland will follow before the procedure in accordance with article 7 is triggered. At the present juncture, it is completely unclear how far the politically sensitive procedure will have to go so that Poland – if at all necessary – makes corrections. Beyond this, a Council decision on sanctions against Poland is unlikely. The Council would first have to determine unanimously that a serious and persistent infringement of the rule of law obtains. Hungary has already made clear that it would vote against.

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