Having come to report to European affairs ministers and representatives on Tuesday 16 May, European Commission Frist Vice-President Frans Timmermans enjoyed broad support from the member states for continuing the dialogue with Poland on the situation of its rule of law.
Twenty-three countries ended up speaking at the General Affairs Council in what started out as a briefing, but which gave way to more of an exchange (see EUROPE 11788).
During the final press conference, Timmermans drew several conclusions from this debate. Firstly, there is broad consensus on the fact that respect for the rule of law in an EU country is in the interest of the member states and European institutions and constitutes a joint responsibility. Secondly, dialogue with the Polish authorities needs to be continued in order to find solutions to the points that are still pending, such as the reform of Poland's constitutional court.
Timmermans said it was possible to resolve these points of dispute and even said he detected positive signals from Warsaw, where in his opinion the government seems more open to dialogue.
At the end of March, Timmermans had said that triggering Article 7 of the Treaty on European Union against Poland would be counter-productive (see EUROPE 11752).
There was therefore no question on Tuesday of tabling a decision on triggering this procedure, which could result in depriving Poland of its voting rights at the Council. Timmermans also rejected the use of "deadlines" or "threats", saying he was sure a constructive solution could be found through dialogue.
Warning from several member states. Several countries nevertheless issued a warning to Poland. Belgium in particular wanted a deadline to be set for Warsaw to clarify and resolve its recent and ongoing disputes at European level, a source stated. France believed that if this breach of European standards and values continued it would call for firm action from the EU.
On Tuesday, several member states – including Germany and the Netherlands – said they wanted the subject to be taken up again at the Council of the EU.
Overall, three groups of countries emerge: - those that fully support the Commission's analysis and want it to continue its action by reporting to the Council; - those that agreed with the need to respect the rule of law but that want to be neutral, like Slovakia, Spain and Ireland, for example; - and those that advocate bilateral discussions between the Commission and Poland.
"Some did not perhaps appreciate that the point might be addressed at the Council", the same source stated. Hungary and the Czech Republic are part of this third group.
Poland, the main country involved in this issue, also spoke and said that the conflict with Brussels focused more on interpretation than principles. The Polish government said it was ready to hold a dialogue but without abandoning its red lines, such as the red line on preserving the sovereignty of its national parliament or its constitutional order. (Original version in French by Solenn Paulic)