On Thursday 8 March, Poland's Prime Minister Mateusz Morawiecki met European Commission President Jean-Claude Juncker and First Vice-President Frans Timmermans in Brussels to continue their dialogue on the rule of law and the so-called Article 7 procedure that was activated against Warsaw on 20 December.
Morawiecki presented a White Paper, explaining to Juncker and Timmermans the direction of, and justification for, the judicial reforms undertaken in Poland, which saw Warsaw receiving a fourth recommendation in December – to which it must respond by the end of this month.
Commission spokesperson Margaritis Schinas simply said that Juncker would examine this White Paper. Morawiecki furthermore warned Juncker and Timmermans about the risks that could arise – especially of an anti-EU reaction – if too strong a criticism was made.
In the White Paper, which is intended to appease the grievances raised by the Commission, the Polish government explains that these reforms (including that of the Constitutional Court and Supreme Court) respond to the public's mistrust of the judicial system and its representatives, who are not deemed to be independent enough. The reforms should also improve the effectiveness of decisions and shorten the length of time taken for civil or trade cases. The Polish government also notes that the courts are sufficiently equipped with personnel, and that the delays in cases cannot be justified this way. The government also explains that its reforms will enable a more balanced composition of the High Council of Judges and Prosecutors, and that they are inspired by practice observed in other member states such as Spain and the Netherlands.
Warsaw believes there is a risk for the future linked to the bad use of the Article 7 procedure. Declaring that there is a risk of violating the rule of law "when the Polish law is very similar to the legal systems of other member states this could lead to an unjustified use of the procedure" and "to the unfounded repetition" of this procedure against other member countries. (Original version in French by Solenn Paulic)