Brussels, 01/06/2016 (Agence Europe) - After several days of prevarication and attempts to reach a solution, the European Commission finally decided, on Wednesday 1 June, to send an opinion - a sort of warning - to the Polish government regarding respect for the rule of law in that country.
The First Vice-President of the Commission, Frans Timmermans, reminded the press that sending an appeal of this kind was part of the “Commission's role as guardian of the Treaties” to respond to systemic threats to the rule of law within the EU, which were identified in the case of Poland in late 2015 (see EUROPE 11467). Although dialogue with the Polish authorities was constructive and took place “in a spirit of cooperation” the most recent meeting between Timmermans and the Polish Prime Minister, Beata Szydlo, was held on the evening of Tuesday 31 May), the Commission nonetheless felt that the discussions have not at this stage allowed them to “find solutions to the main challenges”, he said.
Taking pains to play down the 'warning' aspect of the opinion sent by the European institution, Timmermans explained that its aim was to feed into dialogue in Poland and to constitute a tool at the disposal of the various political parties.
The sending of this opinion to Warsaw represents the formal part of the first stage of the 'rule of law' mechanism. The Polish authorities have now been called upon to submit their recommendations within two weeks, a European source explained, although the First Vice-President made no reference to any timeframe. By its very nature, the 'rule of law' mechanism does not include any timetabling obligations. Under the second part of the mechanism, which is based on a specific recommendation, the Commission has no time constraints.
In the meantime, the Commission has asked Warsaw to put together rapid solutions on several reforms it deems to be problematic. Its concerns relate firstly to the appointment of judges to the Constitutional Court, a law of November 2015 passed under the new government and overturning earlier nominations of judges under the previous government. The Commission also has issues with the functioning of the Constitutional Court and the failure to observe a ruling of that Court, which found the new law regarding it to be anti-constitutional. The third issue, the Commission reiterates, is the effectiveness of the constitutional control on the new laws, such as a law on the media, which has also been found to be questionable.
“We want to help the Poles to find a solution”, Timmermans went on to explain, and the opinion sent to Warsaw on Wednesday offers them a “clear assessment of the issues which should, in our view, be explored”. Using deliberately conciliatory language featuring no hostility towards Warsaw, the European official also rejected criticism that the Commission is not acting within the framework laid down by its mandate. “The basis we are taking is the role of the Commission and the procedures are to do with political procedures”, Timmermans explained. The Commission's aim is to engage with a member state “politically”, he said. The commissioner also dismissed criticism that his discussions have not involved the real decision-making players of the country, such as the President of the PiS party Jaroslaw Kaczynski. He also dismissed criticism that the Commission's observations serve no purpose.
If the 'rule of law' mechanism is carried through to its ultimate conclusion, Poland would face sanctions under article 7 of the Treaty, which ultimately provides for the voting rights of any country in breach to be suspended at the Council.
In an interview with the website Fakt24.pl, Szydlo reacted by saying that the Commission's opinion “will have no influence on decisions made in Poland”. She went on to suggest that the procedure used by the Commission was also legally questionable. As regards the conflict surrounding the Constitutional Court, a solution will depend solely on the Polish opposition political parties, as her government has proposed an adequate strategy, she said.
European Parliament expresses satisfaction. The Commission's decision was well-received across the European Parliament. “The rule of law is a founding element of the EU. Each individual, institution and member state has a responsibility to respect it”, said the President of the EP, Martin Schulz, via Twitter. On behalf of the EPP group, Germany's Manfred Weber said on the same social networking site that it was “essential” that the verdicts of the Polish Constitutional Court be applied and published. The President of the S&D group, Gianni Pittella of Italy, said that the Commission was acting well within its remit. “It is not a political judgement or undue interference in internal affairs. The EU is not there to babysit the member states, but Poland must comply with the common values and principles of the EU”, he said. “Instead of constantly seeking confrontation with the Polish citizens and with the European Union alike, it's now time for the government to find a way out of its self-inflicted isolation. This was also the message of several hundreds of thousands of citizens who demonstrated on the streets in the past few weeks. They want Poland to be a proud, and at the same time, constructive member of the European Union”, said the President of the ALDE group at the European Parliament, Guy Verhofstadt. (Original version in French by Solenn Paulic)