The EU ministers for European affairs will once again question Poland over the rule of law, on Tuesday 18 September.
On Wednesday 5 September, the ambassadors of the member states to the European Union (Coreper) will discuss the details of this second hearing. The first, which was held in the framework of the so-called 'article 7' of the treaty procedure launched by the Commission in December 2017, took place on 26 June (see EUROPE 12050).
On 4 July, the majority of national delegations then called for a second hearing, particularly after the Commission launched infringement proceedings over the law governing the Supreme Court (see EUROPE 12053).
The ambassadors of the member states will be called upon to approve the details of this hearing. Each country will have the right to put up to two questions to Poland, under the proposal of the Austrian Presidency of the Council. The Polish minister may respond after each question. The Commission may deliver its opinion at the start and end of this hearing.
The hearing will cover the subjects raised by the Commission's most recent recommendation, dated 20 December 2017 (see EUROPE 11930). These subjects will include, amongst others, the Supreme Court, the ordinary courts, the extraordinary appeal procedures and the situation of court presidents already affected by the various reforms.
On 2 August, Poland answered the Commission's letter of formal notice concerning the Supreme Court law, but the Commission moved to the next stage on 14 August by sending Warsaw a reasoned opinion, on the grounds that its concerns have not yet been put to rest (see EUROPE 12077).
Readers may recall that the new Polish law on the Supreme Court lowers the retirement age of Supreme Court judges from 70 to 65, which may force 27 of the 72 judges currently sitting to retire. This measure has already been applied to the president of the Supreme Court, whose six-year term was ended early. (Original version in French by Solenn Paulic)