Brussels to withdraw Article 7 procedure against Poland in coming days

6 months ago 20

European Commission Vice-President Věra Jourová has said she would recommend that the EU executive withdraw the Article 7 procedure against Poland, launched in 2017, following discussions on the issue among EU ministers at the General Affairs Council on Tuesday.

Under Article 7, the Commission can suspend certain rights of member states, such as payments from the EU pot, in particular where there is a risk of breaches of the rule of law.

“I proposed to the Council to have a discussion, and in the coming days, I am going to propose to the Commission to withdraw the decision made in 2017,” Jourová said on Tuesday, adding that violations like those that apply to the Article 7 procedure “no longer have a place in Poland”.

After the EU ministers’ meeting, Polish Justice Minister Adam Bodnar spoke about the matter, saying, “This is an important day for Poland, for Polish citizens. It looks like the Article 7 procedure, which cast a shadow over Poland’s reputation, will end soon.”

He also thanked Jourová for “appreciating all that has been achieved so far” in Poland’s efforts to restore the rule of law.

The Article 7 procedure was opened against Poland in response to changes made to the judicial system by the previous conservative PiS (ECR) government, which the Commission said undermined the independence of the country’s judiciary.

The new coalition, led by Donald Tusk, which replaced the PiS in December 2023, has pledged to “bring Poland back to Europe” by improving relations with EU institutions and repealing controversial laws passed by its predecessors.

As Euractiv reported earlier this year, the key to the Council and Commission’s decision to withdraw the Article 7 procedure was Bodnar’s action plan. The plan consisted of nine laws aimed at reforming the judiciary and making it more independent.

“We do not waste a day working to restore the rule of law in Poland,” Bodnar said, insisting that this is “a difficult, complicated process, (…) determined by different circumstances”.

He stressed that withdrawing the case does not relieve Poland of the obligation to implement and respect EU law, adding that the country “is constantly obliged to present (reports) on the rule of law.”

Nevertheless, according to Jourová, the Polish government has “a very clear understanding of the situation”, and it “respects the judgments of the EU Court of Justice,” which is why the decision to initiate the procedure could be reversed.

(Aleksandra Krzysztoszek | Euractiv.pl)