“The conditions are not in place to end the proceedings on Article 7 of the Treaty” on respect for the rule of law in Poland and Hungary, said German State Secretary for European Affairs Michael Roth on 22 September, for whom “further discussions” with the two countries in the EU Council should be “deepened”.
EU European Affairs Ministers heard from Commissioner for Justice Didier Reynders and Commission Vice-President Vera Jourova on the situation in Poland and Hungary, respectively. They reviewed the problems observed, such as judicial reforms in Poland and concerns about media freedom in Hungary, on the basis of the fate of the news medium Index.
The situation in the two countries raises concerns not only within the Commission, but also in the countries (Benelux, Denmark, France, Sweden, Italy and Spain) that have intervened, according to one source. The Benelux countries, led by the Netherlands, and Denmark have also reportedly called for a hearing of both countries at the next General Affairs Council in December.
In addition, as regards Poland, several countries raised a problem of mutual trust between courts, with doubts in some courts about the execution of European arrest warrants. Ireland and the Netherlands are among the countries that have suspended warrant executions because of doubts relating to the judicial system in Poland.
Both Poland and Hungary, on the contrary, wanted the proceedings against them to be stopped. Warsaw said it was open to dialogue, according to this source. Budapest, considering that it had already addressed the concerns, placed greater emphasis on the “political” motivation of the Article 7 procedure.
The European Parliament wants an annual monitoring cycle
The European Parliament’s Committee on Civil Liberties, for its part, adopted by a large majority (51 votes in favour, 14 against and one abstention) the draft own-initiative report by Slovak MEP Michal Šimečka (Renew Europe), which envisages the establishment of a European mechanism to protect and strengthen democracy, the rule of law and fundamental rights in the EU (see EUROPE 12563/4).
The text recalls “the concern of the members of Parliament about the rise and entrenchment of autocratic and anti-liberal tendencies, which are aggravated by the Covid-19 pandemic”.
The report proposes an “objective, evidence-based [tool] that would apply equally, objectively and fairly to all Member States, while respecting the principles of subsidiarity and proportionality”.
This new “annual monitoring cycle” should include “preventive and corrective measures, ranging from country-specific recommendations to fiscal conditionality”. The proposal seeks to integrate and complement existing mechanisms, such as the Article 7 procedures.
MEPs also regret the EU Council’s inability to make significant progress in the ongoing procedures. (Original version in French by Solenn Paulic)