The Ministers for European Affairs will discuss the impact of the emergency measures taken in response to COVID-19 on fundamental rights and the Rule of law via videoconference on 22 April.
The subject of the Rule of law, which will form part of a wider debate on all the measures taken since the beginning of the pandemic and should therefore only form part of the meeting, was raised by many delegations on 20 April at the preparatory meeting of Member States’ ambassadors in the Committee of Permanent Representatives, several sources confirmed.
Speakers recalled in particular the importance of respect for fundamental rights in emergency measures, proportionality and time limits. The Croatian Presidency of the Council of the EU has therefore planned an “exchange of views on the effects of the various measures on fundamental rights and the Rule of law”.
These talks primarily target Hungary and Poland, and certain measures - the unlimited full powers granted to Viktor Orban and the maintenance of the Polish presidential election on 10 May - considered worrying.
More than 17 Member States had taken a stand against the Hungarian emergency measures in early April, in a declaration which Budapest eventually abided and diminished the scope (see EUROPE 12460/20).
However, as the discussion format on 22 April is informal and by videoconference, the tools available to Ministers will be limited. It was also unclear on Tuesday whether the subject would be included in the conclusions or written declaration that could come out of the EU summit on 23 April.
For these delegations, according to one source, the most important thing will be to listen to the Commission and to know how “it intends to ensure that all measures taken respect the Rule of law”.
Contacted by EUROPE, the Commission did not indicate how it would deal with the subject during this videoconference.
Poland
However, on 21 April, the Commission recalled that the rulings of the EU Court of Justice were “binding” on all European courts and had to be “respected”.
Justice spokesperson Christian Wigand was reacting to the decision of the Polish Constitutional Court on 20 April to reverse a decision of the Polish Supreme Court adapting into national law a ruling of the EU Court of Justice handed down in November 2019. This judgment notably invalidated the Polish law on the retirement age of Supreme Court judges (see EUROPE 12363/4).
An invalidation that raised questions about the Polish judicial system’s compliance with European court decisions, despite the fact that the country has been subject to an Article 7 procedure for two years. “We are following the latest developments with concern”, added the Commission spokesperson.
According to one source, these latest developments could bring the question of whether it is appropriate to launch new offences in the Polish case back into the discussion on the Rule of law on 22 April. (Original version in French by Solenn Paulic)