On Tuesday 21 May, the European Affairs Ministers of the EU27 gave almost unanimous support to the Commission’s decision to close the so-called ‘Article 7’ procedure on respect for the Rule of law, opened against Poland at the end of 2017, and welcomed Poland’s return “into the fold” of European values, as Belgian Foreign Minister Hadja Lahbib pointed out.
“We have just discussed the Commission’s analysis of the Rule of law in Poland in the context of the Article 7 procedure. Following this discussion, I can say that the EU Council took note of the intention of the Commission to withdraw its proposal and end the procedure”, commented the Belgian Minister.
Only Hungary expressed a negative opinion at this round table, where all the other Member States took the floor to welcome this move. Budapest considered the end of this procedure to be purely “political”.
At the end of February, the European Commission decided to disburse part of the €137 billion blocked under the various procedures initiated against Warsaw, believing that the pledges made by the Polish government were sufficient.
On 6 May, it officially announced its intention to withdraw this procedure (see EUROPE 13405/1), but Hungary argued that all the reforms announced by Donald Tusk’s government, particularly in the area of justice, had not yet been implemented.
On X on Monday 20 May, the Hungarian Minister for European Affairs, János Bóka, announced that he had written to the Vice-President of the Commission responsible for Values and Transparency, Věra Jourová.
“The Commission’s assessment seems to be a purely political product that confirms double standards and goes blatantly against its previous position in Rule of law related issues. It reinforces the view that Article 7 is nothing but a tool for political blackmailing”, the Minister wrote on X.
Questioned on the subject, the Vice-President of the Commission explained at the final press conference that there had been real progress in Poland and a radical change. Although she acknowledged that this closure is being made while all the laws announced by Warsaw are not yet in force, “there is no longer a clear risk of violation, judges are no longer the target of unfair disciplinary proceedings, they are not persecuted for their judgements”.
Věra Jourová also reported the country’s “clear determination” to “correct and repair things” and the “clear recognition that there are problems to be repaired”.
The Vice-President welcomed the government’s new positions on the supremacy of European law and compliance with EU Court of Justice judgments.
But closing this procedure does not mean “that there will no longer be any form of monitoring”, noted the Vice-President, as this monitoring will continue through the annual reports on the Rule of law, the next version of which will be presented at the beginning of July.
Several Member States also wanted Warsaw to continue producing regular reports on the implementation of the laws announced.
The formal decision to withdraw from the ‘Article 7’ procedure will be taken in the “next few days”, at the latest “before the end of May”, added Ms Jourová. (Original version in French by Solenn Paulic)