Legal regulations - The European Union brings to a close its legal action against Poland for disregarding its basic principles.
The European Union (EU) no longer views Poland as a threat to its rule of law, signaling the end of a procedure to safeguard European values. The EU Commission made this announcement in Brussels. Commission Vice President Vera Jourova stated, "Today is a significant day for the rule of law in Poland and the European Union."
This decision comes approximately seven months after the removal of the national-conservative PiS government that ruled Poland from 2015 to 2023. This regime restructured the Polish judicial system, restricting the separation of powers according to experts.
Practically, it was created to control and discipline judges. Furthermore, the reforms dissuaded Polish judges from appealing to the European Court of Justice in specific legal matters. The current center-left government led by Prime Minister Donald Tusk is attempting to undo these questionable measures.
The EU initiated the first-ever Article 7 procedure against Poland in 2017 over possible threats to fundamental EU values. In theory, this could have led to the suspension of voting rights in EU decisions.
Hungary is currently the only EU country with an ongoing Article 7 procedure in place. Prime Minister Viktor Orban is suspected of limiting judicial independence and freedom of expression while promoting corruption.
The Tusk government has presented a reform plan, aimed at rectifying constitutional irregularities, to its EU partners since February. This prompted the EU Commission to release EU funding of 6.3 billion euros, which had previously been withheld due to concerns about the rule of law. The prolonged blockade of EU funds and the strained relations with the EU during the PiS reign are suggested as contributing factors to Poland's rejection of the National Conservatives.
PiS Resists Reversal
By ending the procedure against Poland, the EU Commission expresses faith in the new government in Warsaw. Nonetheless, the reversal of the PiS government's unpopular reforms will take some time. For instance, the "repair package" to redress the reorganization of the Constitutional Court would entail removing all current judges and filling their positions anew. This process is fraught with obstacles as both the ruling party and the opposition must have a say in these appointments.
The PiS government started restructuring the Polish judiciary shortly after taking office in November 2015 under the leadership of Justice Minister Zbigniew Ziobro. Targeting the Constitutional Court first, the PiS government disregarded three judges appointed prior to their taking office and selected their replacements. The Constitutional Court later deemed this action unconstitutional and the EU Commission concurred. The replacement of the head of the court by jurist Julia Przylebska, a close ally of PiS leader Jaroslaw Kaczynski, followed.
Difficulties in Dismantling Reforms
Reversing other elements of the PiS judicial reform remains a protracted and challenging endeavor. This includes a reorganization of the National Council of the Judiciary - the body responsible for nominating judges. The 2018 PiS reform resulted in 15 of the 25 council members being appointed by parliament. The EU Commission and the European Court of Justice (ECJ) have raised concerns about its independence.
A bill from Justice Minister Adam Bodnar suggests that in the future, judges from different courts should select the 15 seats on the National Council of the Judiciary. As soon as this law is enacted, the existing council, created according to PiS rules, will be dissolved. However, the law must go through parliament and receive President Andrzej Duda's signature. Duda is a member of the PiS and could potentially veto it.
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