Rule of Law: European Commission acts to defend judicial independence in Poland

Despite repeated efforts, for almost two years, to engage the Polish authorities in a constructive dialogue in the context of the Rule of Law Framework, the Commission has today concluded that there is a clear risk of a serious breach of the rule of law in Poland.

The Commission is therefore proposing to the Council to adopt a decision under Article 7(1) of the Treaty on European Union (see Annex II).

The European Commission is taking action to protect the rule of law in Europe. Judicial reforms in Poland mean that the country's judiciary is now under the political control of the ruling majority. In the absence of judicial independence, serious questions are raised about the effective application of EU law, from the protection of investments to the mutual recognition of decisions in areas as diverse as child custody disputes or the execution of European Arrest Warrants.

The Commission has also today issued a complementary (4th) Rule of Law Recommendation, setting out clearly the steps that the Polish authorities can take to remedy the current situation. Should the Polish authorities implement the recommended actions, the Commission is ready, in close consultation with the European Parliament and the Council, to reconsider its Reasoned Proposal.

For more information:

• Press release
• MEMO/17/5368
• Reasoned Proposal under Article 7(1) for a Council Decision: (PDF)
• Fourth Rule of Law Recommendation  (PDF)
• Opinion of the Venice Commission on the laws on the Supreme Court, Ordinary Courts and National Council of Judiciary
• Press release on third Rule of Law Recommendation, 26 July 2017
• Remarks of First Vice-President Timmermans after College discussion of 19 July 2017
• Commission Recommendation regarding the Rule of Law in Poland of 21 December 2016
• Press release on second Rule of Law Recommendation, 21 December 2016
• Memo on second Rule of Law Recommendation, 21 December 2016
• Commission Recommendation regarding the Rule of Law in Poland of 27 July 2016
• Press release on first Rule of Law Recommendation, 27 July 2016
• Memo on first Rule of Law Recommendation, 27 July 2016