On Tuesday 29 August, the European Commission refuted the argument put forward by the Polish government that it is not competent to take position on the rule of law in Poland (see EUROPE 11845).
Sending the Commission a 12-page response, on 28 August, regarding the third recommendation on the rule of law in Poland and the legal reforms undertaken, the Polish Foreign Minister stated in a press release that the legislative measures set in place aim primarily to reform the legal system, comply with European standards and respond to many years of growing social expectations in this regard, thereby rendering the Commission's doubts without foundation.
An analysis of the last recommendation furthermore prompted Poland to maintain its reservations regarding the EU's rule of law proceedings launched by the Commission in its communication of 11 March 2014, the press release goes on to stress. According to Warsaw, evaluating legislative acts when the legislative procedure is still underway is a breach of this 2014 communication. And, in the current situation, two of the laws in the Commission's sights - the law modifying the law on the National Judicial Council and certain other laws and the law on the Supreme Court - are not generally applicable due to the President's veto, Warsaw points out.
The Commission defended itself on Tuesday, explaining that the rule of law mechanism allows it to act if it identifies a risk to the rule of law, said Vanessa Mock, spokesperson, and the Commission believes that a risk of this kind exists in Poland. The President of the Commission, Jean-Claude Juncker, will travel to Berlin on Wednesday 30 August to meet Angela Merkel. The two figures are expected to discuss the subject of Poland, amongst other things.
On Tuesday, the German Chancellor said that it was wrong to maintain silence over rule of law infringements in Poland, AFP reports. The Commission will, moreover, scrutinise the Polish response submitted on Monday 28 August more closely. (Original version in French by Solenn Paulic)