Debate: Ongoing hearings under Article TEU regarding Poland and Hungary
Date: WEDNESDAY, 6 APRIL 2022
Speaker: Věra Jourová
Language: EN

As regards Poland, you will be aware that the last hearing under Article 7(1) of the Treaty procedure took place before the Council on 22 February this year. This was the fifth formal hearing since the Commission adopted its reasoned proposal on 20 December 2017. At this hearing, the Commission updated the Council on the most important developments that occurred in recent months, concluding that the situation on the ground continued to give rise to serious concerns. These developments include a number of rulings of the Polish Constitutional Tribunal, questioning the basic foundations of the EU’s legal order and a number of international obligations.  The Commission informed the Council about the infringement procedure launched against Poland on 22 December 2021 as regards the Constitutional Tribunal, and the Commission also informed the Council of several recent judgments of the Court of Justice and the European Court of Human Rights, which have confirmed the Commission’s concerns on the rule of law in Poland. The Commission notes as a positive step the fact that there is movement to address and reform the disciplinary regime in Poland. Underlying that, it is imperative that new legislation complies with EU law and solves the issues raised by the Court of Justice. The Commission is open and available for dialogue with the Polish authorities in order to resolve existing concerns.  Concerning Hungary, the Commission has had the opportunity to explain on different occasions that it shares an important number of concerns expressed by the European Parliament in its reasoned proposal, triggering the Article 7 procedure. The Commission updated the Council on related recent developments at the General Affairs Council on 14 December 2021, expressing regret that no positive developments were registered in the areas covered by the Article 7 proceedings. The Commission also reiterated its availability to engage with the Hungarian authorities to resolve issues of concern. The Commission has also made very clear that whatever position the Council will be taking on the Article 7 procedure, it must ensure a fair handling of the reasoned proposal tabled by Parliament. A new hearing of Hungary under Article 7 has been scheduled by the French presidency for 30 May.  The Union also has at its disposal the budget conditionality mechanism, as Clément Beaune just referred to as well. Following the February judgment of the Court of Justice, on 2 March, the Commission adopted guidelines that clarify how the Budget Conditionality Regulation will apply. President von der Leyen also announced yesterday that the Commission would launch the next steps in the process of protection of the EU budget after reviewing the reply from the Government of Hungary to the informal letter sent last November.  Last but not least, in July 2022 – so in several months – the Commission will publish its third annual Rule of Law Report. For the first time, it will includes recommendations. These recommendations will help Member States to focus their follow-up on the key issues, including on justice, anti-corruption, media freedom, and checks and balances. They should also help and support Member States in their efforts to uphold the rule of law and to prevent problems from emerging or deepening. Let me refer to the fact that this Rule of Law report is meant to be a preventive tool. A very important one, in my view.  To conclude, I regret that I am not in a position today to report on positive developments falling under the Article 7 procedure. I hope and wish that the ongoing proceedings will allow the Polish and Hungarian authorities to reflect further on how to respond to the concerns expressed.  I would also like to thank the French Presidency for having kept on the Council’s agenda the procedures initiated under Article 7 against Poland and Hungary, and for having scheduled formal hearings in this regard.