Brussels, 25/07/2016 (Agence Europe) - On Monday 25 July, the European Commission was sceptical about the new law passed by the Polish government on the functioning of the country's constitutions court, and mentioned the option of taking new formal measures over breach of the principles of the rule of law.
The law in question was passed on Friday 22 July. It will replace the highly criticised current legislation, which has been in force for 11 months, introduced shortly after the elections won by the Law and Justice (PiS) party lead the Commission to activate the “rule of law” mechanism. The Commission was not satisfied by its talks with the Polish authorities and decided on June to send them a formal warning (EUROPE 11563).
Will the new law that has just been passed put an end to this potential conflict-in-waiting? Far from certain, judging by comments by Commission spokesperson Margaritis Schinas, who said on Monday that the new law left aside a number of concerns that the Commission has raised in the past. Worse, it actually raises new problems, he added, saying that the College of Commissioners would discuss the matter asap. The final meeting of the College of Commissioners before the summer break is on Wednesday 27 July.
The law voted through on 22 July was intended to respond to the criticisms expressed by both the European Commission and the Council of Europe. The latter warned, however, when the law was voted through, that the measures did nothing to ensure respect for the rules of law (EUROPE 11590). The main concession made by the PiS conservatives seems to be the order in which cases will be dealt with by the court. The court's president had been given the ability to deal with a case as a priority, but only if it concerned national security or citizens' rights. The new law does not include any improvements to the way the court operates, according to RFI. Decisions on the most important issues will have to be taken by a two-thirds majority in the presence of at least 13 of the courts 15 judges. (Original version in French by Solenn Paulic)