On Wednesday 13 October, the College of Commissioners reviewed the 7 October ruling of the Polish Constitutional Tribunal challenging articles of the European Treaty (see EUROPE 12808/1). Commission President Ursula von der Leyen reiterated her “very serious concerns” as the Polish government officially published, on Tuesday 12 October, the decision in Poland’s official Journal of Laws.
The President also indicated that, if the Commission’s analysis confirmed these serious concerns, the institution would have a range of options to respond, from infringement proceedings, to making the payment of EU funds conditional on respect for the Rule of law, to the work under Article 7, as the Commission could still initiate the voting stage on an EU Council recommendation establishing a clear risk of fundamental rights violations.
For their part, the EU Ministers for European Affairs, set to meet on 19 October in Luxembourg, will have their annual dialogue on the Rule of law, notably around the Commission’s latest annual report, published on 20 July (see EUROPE 12766/2). This exchange, which will be followed in November by a more detailed review of five countries in this annual report, has been planned for a long time, but will take on a whole new dimension following the decision of the Polish Constitutional Tribunal.
In December, a hearing with Poland could also be on the agenda of a General Affairs Council of the EU. (Original version in French by Solenn Paulic)