“Enough talk, we have to act now!” This is the appeal made on 15 September by the Chair of the European Parliament’s Committee on Civil Liberties (LIBE), Juan Fernando López Aguilar (S&D, Spain) to the EU Council and the European Commission, 2 days before the plenary vote on his report on the rule of law in Poland.
On Thursday 17 September, MEPs will vote on the interim report on the so-called ‘Article 7’ procedure of the Treaty, which sets out all the concerns raised by the Polish PiS government, including judicial and societal reforms.
While the Commission opened this procedure at the end of 2017, followed by several hearings in the EU Council, the LIBE Chair believes it is high time to make it concrete and move it forward. “The Council is being asked to give its opinion on this matter”, he said at a press briefing.
The day before, the rapporteur had contributed to a plenary debate on the subject alongside the Vice-President for Values and Transparency of the European Commission, Vera Jourova. He had recalled the number of alerts issued by international organisations such as the Venice Commission, the OSCE, in addition to the European Commission, and his own assessments.
The Polish government “undermines European values” through “abrupt reforms”, particularly in the justice system, the rapporteur said, citing the many other “infringements” observed, such as those on freedom of assembly and expression.
The Vice-President again painted a negative picture, considering that the situation in Poland had not improved since “our last debate in February”.
The Commission, on the contrary, has since opened other areas of infringement and is concerned that the April order of the Court of Justice to suspend the new disciplinary regime for judges is still not fully implemented and is still being evaluated by the Polish judiciary.
However, the Vice-President did not make a clear call to finalise the work on Article 7, a procedure defined by the Lisbon Treaty, but which does not allow any room for manoeuvre with its swift appeal to unanimity. Those who created this procedure “lacked imagination”, she said, convinced that the threat of cutting EU funds is more effective with infringement proceedings.
The Renew Europe group also believes that “developments in the ongoing Article 7 hearings highlight the importance of a complementary and preventive mechanism of the Union on democracy, the rule of law and fundamental rights, as we have long advocated”, said Sophie in ‘t Veld (the Netherlands) and Michal Šimečka (Slovakia).
“Developments in Poland since the European Council’s agreement on an EU budget and a Recovery Fund in July also show that it is essential that the EU budget is protected in the event of widespread deficiencies in the rule of law.”
The Parliament rapporteur on the Article 7 procedure against Hungary, Gwendoline Delbos-Corfield (Greens/EFA), however, felt that “Article 7 of the Treaty is not being used to its full potential. There could be a Council recommendation; at least we would know where the member states stand”, she said on 15 September, on the sidelines of a briefing, adding that the Commission’s “record on the rule of law is not good”.
“We are not an ideology”
This debate was accompanied by a point on the situation of LGBTI people, as Poland has indeed decreed LGBTI free zones (see EUROPE 12530/19).
“Every week we receive more messages of concern”, deplored German MEP and co-chair of the Parliament LGBTI Intergroup Terry Reintke (Greens/EFA). Deploring once again the Commission’s inaction, she called in particular for infringement proceedings to be launched against the six Polish localities declared “LGBT-free zones”.
“Look at me, look at Malin, look at Maria”, said Ms Reintke in indignation as she pointed to her colleagues in the Chamber. “We are not an ideology, we are human beings”. “We want to enjoy the same fundamental rights as everyone else”, she added.
Although a majority of elected representatives took a position similar to that of Ms Reintke – calling for a strong condemnation of anti-LGBTI actions or increased support for NGOs on the ground – several MEPs from the ECR and ID group supported the Polish authorities.
Some, like Patryk Jaki (ECR, Poland), denied the existence of these zones, which he called “inventions” by left-wing activists. A position condemned by several elected officials.
Ms Jourová, for her part, assured that she was in permanent contact with the Polish Ombudsman. “We have strengthened the capacity of equality bodies for LGBTI people”, she said.
Replying in part to the oral question addressed to her on these areas, she stressed the importance of ensuring that no European funds were paid out in the event of a violation of fundamental rights and welcomed the rejection this summer of the application to a Community programme of six of these Polish localities (see EUROPE 12538/16).
Link to Parliament report: https://bit.ly/3klQjJW (Original version in French by Solenn Paulic and Agathe Cherki)