Poland's government is expected to provide an explanation to its peers on Tuesday 26 June in Luxembourg about the legal reforms it has undertaken since the end of 2015, particularly regarding several laws on the way different courts in the country function. These reforms led to the triggering of the so-called article 7 procedure by the Commission last December. On 3 July, a new law targeting the Supreme Court will compel certain judges to leave during their current mandate, potentially affecting around 40 judges.
The Polish government, Commission and member states were initially expected to hold discussions for a three hour period but the hearing planned for 3pm was delayed due to the difficult discussions between ministers on the enlargement question (see other article). The hearing also began without the German, Italian and Austrian ministers, who had all returned home.
This is the first time that a country has had to appear before such a hearing. This stage is the final formal step before the Commission decides to request member states to vote on whether there is a clear risk of violating regulation on the rule of law.
The Luxembourg Minister for Foreign Affairs, Jean Assemborn, insisted ahead of the meeting that this hearing did not intend to “hurt the Polish people” but instead restate that the rule of law is an important concept, particularly the independence of the judiciary. The minister added that a lot of countries are following the Commission line.
Asselborn added “We have some questions to put to Poland regarding the independence of the justice system. With regard to the judges, we cannot change the rules half way through for the judges who are already there”. Mr Asselborn said that the EU is not there to criticise or judge but to defend the principal of an independent judiciary which is “sacred".
Arriving in Luxembourg, Frans Timmermans, the Commission Vice President explained that the objective of this hearing was to ensure that “the justice system in Poland remains independent”. The Foreign Minister, Konrad Szymański, is expected to answer the Commission’s questions and, possibly, those from the member states that could also be raised during this exercise. EUROPE will be returning to this subject. (Original version in French by Solenn Paulic)