Meeting in Luxembourg while the European Parliament plenary welcomed President of the Commission, Ursula von der Leyen, and Polish Prime Minister Mateusz Morawiecki to discuss the consequences of the Polish Constitutional Tribunal judgment on the primacy of European law (see EUROPE 12808/1), the EU’s European Affairs Ministers once again reiterated their support on Tuesday 19 October for the Commission regarding this issue. They also expressed their concerns about what they saw as a red line that the Polish government should not cross.
This was all within the context of a discussion on the Commission’s annual report on the Rule of law within the EU27, which was published in July (see EUROPE 12766/2) and which looks at the problems encountered in the Member States.
The debate particularly focused on democratic safeguards during the Covid-19 crisis but ministers were, of course, caught up in the current events: as Jean Asselborn from Luxembourg put it, the European Union could “die” if it did not defend the Rule of law. As for the German State Secretary for European Affairs, Michael Roth, he said on his arrival that there could be no “compromise| or “weakening” of this principle. The French Secretary of State for European Affairs, Clément Beaune, called on the EU “to act without any sign of weakness against Poland’s undermining of the European project” and “to use the means made available to it by the Member States”.
As part of the two-hour discussion – during which around 21 delegations spoke on the subject of the Rule of law, according to one source – the Benelux countries circulated a declaration urging the European Commission to protect this principle and defend the EU against these “systemic threats”.
Initiated by Belgian Minister Sophie Wilmès, the statement echoed the concerns uttered by Ms von der Leyen, “who emphasised that this judgment undermines the independence of the judiciary, which is protected in the treaties, and therefore undermines the protection of citizens’ rights. It is also the first time that a constitutional court has ruled that EU treaties are incompatible with the national constitution”.
“This is a very worrying development”, stated the Belgian minister on behalf of the three countries. “With this judgment, the foundations of the European Union and the unity of the European legal order are being called into question”. “Benelux encourages it to share its findings with Member States and to clearly set out the consequences of non-compliance with European legislation with regard to all relevant areas of European cooperation”.
“From our point of view, quick and decisive action must be taken”, added the minister.
Active defence... from Budapest
On Tuesday, the Polish government also put forward a defence and pleaded for fair cooperation and equal treatment between Member States (see other article). However, it was the Hungarian Minister of Justice, Judit Varga, who was very much at the forefront of this issue, even inviting her colleagues to be “grateful” in light of this Polish judgment, which makes it possible to clearly determine the limits between European and national law.
She also requested that all Member States be dealt with under Article 2 of the Treaty, which ensures the principle of equal treatment between members of the Union.
The French minister, for his part, gave assurances on Tuesday that Article 7 of the Treaty – the mechanism on the Rule of law and specifically its hearings and recommendations – would figure prominently in the programme of the French Presidency of the EU Council: it is not yet clear whether Slovenia will organise a new hearing in relation to Poland and Hungary in December.
The EU Commissioner for Justice Didier Reynders confirmed that the European Commission would soon be sending “letters” to Member States regarding the conditions attached to funds. He is also due to visit Poland and Hungary soon to discuss the annual report, which will be accompanied by recommendations in 2022.
Link to the Benelux press release (in French): https://bit.ly/3lXomfe (Original version in French by Solenn Paulic)