EU warns Poland on rule of law

(BRUSSELS) - The European Commission warned Poland on Wednesday of a "systemic risk to the rule of law" in a first step setting out the EU's concerns on various constitutional issues.

Following intensive dialogue between the Commission and the Polish authorities since January, the Commission now deems it necessary to formalise its assessment of the current situation in this Opinion.

Announcing the decision, EC First Vice-President Frans Timmermans said that despite "constructive talks", there was now a ,need to translate EU concerns into concrete steps "to resolve the systemic risk to the rule of law in Poland," adding that "the rule of law is one of the foundations of the European Union."

The Commission's Opinion presents its assessment of the various issues at stake. It stresses that it is looking to continue dialogue with the Polish authorities.

The European Commission, together with the European Parliament and the Council, is responsible under the Treaties for guaranteeing the respect of the rule of law as a fundamental value of our Union and making sure that EU law, values and principles are respected.

Recent events in Poland concerning in particular the Constitutional Court have led the European Commission to open a dialogue with the Polish Government in order to ensure the full respect of the rule of law. The Commission considers it necessary that Poland's Constitutional Tribunal is able to fully ensure an effective constitutional review of legislative acts.

The current concerns of the European Commission relate to the following issues:

• the appointment of judges to the Constitutional Tribunal and the implementation of the judgments of the Constitutional Tribunal of 3 and 9 December 2015 relating to these matters;
• the Law of 22 December 2015 amending the Law on the Constitutional Tribunal, the judgment of the Constitutional Tribunal of 9 March 2016 relating to this law, and the respect of the judgments rendered by the Constitutional Tribunal since 9 March 2016;
• the effectiveness of the Constitutional review of new legislation which has been adopted and enacted in 2016.

The Polish authorities are now invited to submit their observations on the Opinion. On the basis of these observations, the Commission says it will continue to pursue constructive dialogue with the Polish government with a view to finding solutions to the concerns set out.

However, if concerns are not satisfactorily resolved, the Commission reserves the right to issue a 'Rule of Law Recommendation'. This would mean entering the second phase of the Rule of Law Framework, which entails issuing a "Rule of Law Recommendation".

Commission Opinion on the Rule of Law in Poland and the Rule of Law Framework: Questions & Answers