The EU27 ministers for European affairs once again discussed the problems of judicial independence in Poland on Tuesday 22 February at a new hearing under the ‘Article 7’ procedure.
The two-hour hearing was an opportunity for the European Commission and Member States to question the Polish government on the reform announced to the Supreme Court’s disciplinary chamber, which the EU Court of Justice has ruled violates European principles and which is a condition for the release of stimulus funds for Warsaw.
The Vice-President of the Committee on Values and Transparency, Věra Jourová, considered that the reform of the disciplinary chamber and the disciplinary system for judges, which was promoted by President Andrzej Duda, was a “positive step”. The Vice-President said she hoped the reform could be adopted quickly, if it meets the EU’s concerns, and the Commission “is analysing” the plans, which still have to go through the Polish Parliament.
But Věra Jourová also stressed at the end of the hearing that problems with the independence of the judiciary in Poland “are still not solved”, with the Vice-President also citing the situation of the National Council of the Judiciary as a cause for concern.
The Polish authorities have not, at this stage, taken the necessary ‘steps’ to address concerns about the lack of independence of this body, which casts doubt on its decisions, despite the judgments of the European Court of Human Rights and the criticism expressed by the Commission in its last two annual reports on the rule of law.
According to one source, the hearing was not stormy and consisted of a classic question-and-answer exchange. In particular, several countries have expressed concern about the delay in reforming the disciplinary chamber of the Supreme Court. Polish European Affairs Minister Konrad Szymanski told them it could take several months, a source said.
Although the tone was not aggressive, the Polish representative criticised the fact that “we have been talking about the same thing over and over again” for more than four years and pointed out that similar systems for appointing judges also exist in countries such as Spain, with the minister referring to “double standards”.
The Vice-President, for her part, told a press conference that “we are not the ones who started” creating problems with the independence of the judiciary.
She hoped that Warsaw would act quickly to remedy the situation and hoped that the Polish government would show “goodwill”.
The French Secretary of State for European Affairs, Clément Beaune, said that this hearing exercise - today for Poland, in May for Hungary - allows “pressure” to be exerted on the issue of the rule of law. The French official will also be in Poland and Hungary at the end of the week. (Original version in French by Solenn Paulic)