The European Commission decided to launch a procedure for strengthening the rule of law in Poland following a debate at EU headquarters in Brussels on January 13 regarding concerns after the new government led by right-wing Law and Justice Party (PiS) inserted friendly judges into the constitutional tribunal and made it harder for the tribunal to stop new laws, prompting a constitutional crisis and altered the media law. The Council of Europe, a non-EU organisation that promotes human rights, has described the arrangement as “unacceptable in a genuine democracy”.
This is the first time such a move has been initiated by the EU against a member state.
“Today we have decided that the commission will carry out a preliminary assessment on this matter under the rule of law framework,” commission Vice President Frans Timmermans said on Wednesday. “Let me stress very clearly. This is a cooperative approach by the European Commission. This is how we see our role as guardian of the Treaty, to have a dialogue with the member states if there is something that needs to be discussed” added Timmermans.
In theory, the launch of the European commission’s inquiry could lead to Poland being stripped of its voting rights in the EU, but insiders are playing down this possibility.
Neither is Poland likely to be expelled from this year’s Eurovision song contest. A spokesperson for the European Broadcasting Union (EBU), which organises the annual event, said Poland was not going to be blacklisted, adding that the EBU was “heavily campaigning” against Poland’s media law.Officials in Brussels are anxious to avoid confrontation with PiS and create division within the EU. Timmermans said the commission’s investigation aimed to “clarify the facts in an objective way” and “start a dialogue with Polish authorities without prejudging” the outcome.
Meanwhile Poland’s Prime Minister Beata Szydlo will visit Strasbourg on January 20 in order to participate in the European Parliament debate on the political situation in Poland. Polish diplomacy is also undertaking other initiatives aimed at improving the image of the government through meetings with EU politicians, with deputy Foreign Minister Konrad Szymanski having met with the heads of European Parliament’s political groups and the head of the political cabinet of the European Commission head Jean-Claude Juncker.
The commission’s initial assessment is likely to be concluded in March, following a separate report by the Council of Europe’s Venice commission, a body of constitutional experts, which is also examining the workings of Poland’s constitutional tribunal.
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