“The Commission will act”, warned his Chair, Ursula von der Leyen, before the MEPs gathered in Strasbourg, Tuesday. Polish Prime Minister denounced Brussels “blackmail”.
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“We will not let our common values be put in danger. The Commission will act,” said Ursula von der Leyen in front of the Europutés gathered in Strasbourg, Tuesday, October 19th. The message of the President of the Community Executive was addressed in Warsaw, after a decision of the Polish Constitutional Court of 7 October contesting the rule of European law on national law.
The Polish Prime Minister, Mateusz Morawiecki, who had to invite himself in the hemicycle to discuss the subject with the elected officials, denounced “this language of threats or coercion”.
In the last five years, the Commission and Poland have in conflict, because of the justice reforms implemented by the Polish government. Brussels has multiplied the political and legal initiatives – to try to compel it to return to an organization able to guarantee the independence of justice. Without success so far. The judgment of 7 October, rendered by a court close to the right party and justice (EAD) in power, has further accentuated tensions. In Poland, tens of thousands of protesters marched on the streets on 11 October to recall their commitment to the Community project.
“I am deeply worried,” Ursula von der Leyen explained because this judgment “calls into question the foundations of the European Union [EU]. The former Minister of Angela Merkel listed the tools whose commission, the guardian of the Treaties, provides in order to fold Warsaw. It is preparing to launch a new violation procedure against Poland, which can lead to a referral to the EU Court of Justice. But, as a diplomat says, “We have for two years” and nothing guarantees that Warsaw will execute the court judgment of Luxembourg.
The Commission also considers, in the light of the latest developments, to revive the so-called Article 7 procedure that it initiated against Poland in December 2017, to protest against its judicial reforms. “It’s a powerful instrument of the treaty. We have to come back to it,” pleaded Ursula von der Leyen. This procedure, which may go so far as the suspension of the country’s voting rights in the Council is currently in a standstill. “The first step in this procedure, it is a vote, four-fifths of the Member States, to note the risk of violation of the rule of law. This vote has never taken place, no doubt because its outcome n ‘Was not certain, “said Eric Maurice, from the Robert-Schuman Foundation. Eastern European countries, in particular, were not ready. Today, the challenge by Warsaw of the EU Court of Justice and the Primalty of European Law could raise some of their reluctance.
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