Debate: The ongoing threat for the Rule of law in Poland
Date: TUESDAY, 11 FEBRUARY 2020
Speaker: Didier Reynders
Language: EN

The new law raises concerns of compatibility with EU law, including the principle of the primacy of EU law, the requirements of judicial independence under EU law, and the right to refer questions to the European Court of Justice. The Commission is analysing the law in detail, and in reply to comments from some Members, let me reiterate that the European Court of Justice ruled that until the organisation of justice in the Member States falls within their competence, the fact remains that when exercising that competence, the Member States are required to comply with their obligations under EU law. EU law requires respect for the rule of law, in particular judicial independence. This is crucial, because Polish courts are European courts and they have to ensure that Polish citizens can fully enjoy their rights under EU law. This is why I’m seriously concerned by the new law, and I can assure you, as Commissioner for Justice, that the Commission will take its responsibility as the Guardian of the Treaty and take all necessary measures to ensure the respect of EU law. I also note that the Disciplinary Chamber continues to operate, despite the rulings of the Supreme Court. In those rulings, following the Court of Justice judgment of 19 November, the Supreme Court concluded that the Disciplinary Chamber is not a court within the meaning of EU and national law. I would like to stress that preliminary rulings of the Court of Justice are biding and need to be fully respected. National courts must apply national law in line with the interpretation of the Court of Justice. Notably, on 4 February 2020, the Disciplinary Chamber decided to suspend in office the first judge seeking to apply the ruling of the Court of Justice of 19 November 2019. He has also been subject to a 40% reduction of his salary. The Supreme Court also ruled that the National Council for the Judiciary is not an independent and impartial body. However, the Council continues to operate. As an example, on 31 January it selected six candidates to the Disciplinary Chamber, two of which being current members of the National Judicial Council. In the light of today’s debate, let me say a few words on the situation of the Constitutional Tribunal. I want to recall that in its reasoned proposal of December 2017 triggering the Article 7 procedure, the Commission concluded that the independence and legitimacy of the Constitutional Tribunal are seriously undermined and consequently, the constitutionality of Polish laws can no longer be effectively guaranteed. I can only note in this respect that, following the rulings of the Supreme Court and the European Court of Justice judgment, the tribunal has been seized by a number of authorities. Your debate reminds me of statements warning that the current situation leads to legal chaos. I will simply reply that the remedy to such a situation is that rulings rendered by independent courts must be fully respected by all authorities. To conclude, let me add that the Commission is working on a comprehensive European rule of law mechanism. It will be a preventive tool covering all Member States and will provide a synthesis of significant developments related to the different components of the rule of law. It will be based on a variety of sources of information in order to reflect the reality on the ground. This will allow us to identify and prevent early on rule-of-law-related issues. This new mechanism will cover all Member States in the same way. The first annual Rule of Law Report is one of the key initiatives of the Commission Work Programme for 2020. The preparation of this report is already in an operational phase. We have established a network of contact persons of Member States which will help with its preparation. The report will also be part of the new rule-of-law cycle, with strong involvement of the European Parliament and the Council. However, let me be clear that this preventive mechanism does not replace response mechanisms like infringement procedures and the Article 7 procedure where they prove necessary. We will continue to use all the tools at our disposal to promote and protect the rule of law in all the Member States, including Poland.