Outgoing European Commissioner for Justice Didier Reynders said in Warsaw on Friday 22 November, alongside Poland’s Minister of Justice Adam Bodnar, that the country is on the “right track” towards fully restoring the Rule of law and that the European Commission took “a very good decision“ at the beginning of the year in removing the country from the so-called ‘Article 7’ procedure on the risk of breaching the EU’s fundamental values (see EUROPE 13419/20).
“There is no longer any risk” of these values being breached, added the Commissioner, noting that Warsaw’s announcement that it would join the European Public Prosecutor’s Office, potentially in a concrete manner by early 2025, was one of the “most impressive” decisions taken by Donald Tusk’s new government.
The two men reviewed the various reforms underway in the country to restore the judiciary’s independence, ensure the proper functioning of the Constitutional Court and ensure full respect for the primacy of European law and compliance with the judgments of the European Court of Human Rights.
The Commissioner also explained that he had always insisted in his discussions with the new Polish government that the opinions of the Council of Europe’s Venice Commission be taken into account, particularly on the status of judges.
As he had already explained at the General Affairs Council meeting in Brussels on Tuesday 19 November, Adam Bodnar reviewed the various processes launched since the action plan submitted to the European Commission last February.
He also promised a demanding Polish presidency of the EU Council, which will also require the country to continue its efforts on the Rule of law.
The minister referred in particular to legislation involving intensive work, such as that on victims’ rights. “Soon we’ll need to adopt a law on separating the office of the Minister of Justice and the Prosecutor General in the way suggested by experts and by Venice Commissioners”, commented the Polish minister.
“There is another, even more important challenge facing us. This is the law on the status of Supreme Court judges. We need to decide how to organise the process of verifying our evaluation of judges according to the opinion provided or in compliance with the opinion provided by the Venice Commission”.
In Brussels on Tuesday, the Polish justice minister explained that the Venice Commission had “given a positive opinion, albeit with a few comments that limit the influence of politicians on selecting the new Prosecutor General. Today, the second version of the law is being prepared and I think that, in the next two or three weeks, we will submit it to the Council of Ministers for approval”.
“There is also a second draft law that deals with changes in the law on the public prosecutor’s office that are linked to joining the European Public Prosecutor’s Office”, he also explained. (Original version in French by Solenn Paulic)