Debate: The electoral law, the investigative committee and the rule of law in Poland
Date: WEDNESDAY, 14 JUNE 2023
Speaker: Didier Reynders
Language: EN

Following a third assessment, the Commission decided at the end of June to open an infringement procedure against Poland. Among others, the Commission considers that the new law violates the principle of democracy, as well as the principles of legality and non-retroactivity of sanctions.  Poland has been given 21 calendar days to reply to the letter of formal notice, and since our last debate last Monday in LIBE, I have continued to exchange with the Polish Government, with the Minister of European Affairs, and I want to inform you that I have received different comments about the fact that now there is a series of amendments tabled to the Polish Parliament to change such a law and with an important decision to not select members of the Commission until the new laws or the new amendment will enter into force. But of course, we have sent a letter, formal notice to Poland and we will await a formal answer before to consider the next step. But with all reaction, we have seen already some moves in Poland about the legislation. We will see, of course, the results of those moves in the near future.  En ce qui concerne la loi électorale polonaise, la Commission suit également la situation de près. Le 31 mars, des modifications de cette loi sont entrées en vigueur. Les nouvelles dispositions visent notamment à introduire un registre central des électeurs, à assurer le transport de certains électeurs le jour des élections, à permettre de filmer les opérations de vote et à renforcer les règles sur le dépouillement des votes. L’organisation d’élections libres et équitables relève de la responsabilité des États membres, dans le respect des normes internationales. La Commission soutient l’échange de bonnes pratiques en matière électorale entre États membres, dans le cadre du réseau européen de coopération électorale. La Commission prend également acte de l’initiative de plusieurs groupes parlementaires de demander à l’OSCE d’effectuer une mission d’observation lors des prochaines élections en Pologne. Je rappelle que la Commission de Venise considère que l’observation des élections joue un rôle important et permet de constater si le processus électoral s’est déroulé dans les règles. Je crois que c’est l’un des points qu’il convient particulièrement de vérifier lorsque la mission d’observation se met en route. La Commission de Venise souligne aussi qu’il est préférable que l’observation soit ouverte le plus largement possible, à la fois sur le plan national et sur le plan international. Nous serons donc très attentifs à l’évolution de la situation en la matière. More broadly, when it comes to the situation of the rule of law in Poland, I had the occasion to update ministers on 30 May in the General Affairs Council, in the framework of the Article 7 hearing on Poland.  The day after, I presented the position of the Commission on this issue in this Parliament. Allow me to recall that on that occasion, I concluded that overall, despite a number of important positive changes, serious concerns remain.  In addition, let me note that on 5 June, the Court of Justice, in its grand chamber formation, delivered a final ruling in one of the infringement cases launched by the Commission concerning Poland. The Court of Justice held that all the provisions contested by the Commission of the law on the judiciary, adopted in December 2019, infringed EU law, in particular the principles of judicial independence and effective judicial protection.  You may recall that prior to the Court of Justice judgment, Poland has failed to fully comply with the interim measures set out in this case in an order of the Court of July 2021. For this reason, Poland was ordered by the Court, upon request of the Commission, to pay penalty payments of EUR 1 million a day. On 21 April, the Vice-President of the Court lowered this amount to EUR 500 000 per day in view of notable progress in the implementation of the court order. This order came to an end with the final judgment of the Court. As Poland has not paid these penalty payments, the Commission has organised an offsetting concerning European funds due to this Member State.  It is now for Poland to take the necessary measures to fully implement the final judgment of the Court. The Commission will carefully monitor the implementation of this judgment and the Commission recalls that compliance with rulings of the Court of Justice and with the primacy of the EU law are cornerstones of our shared commitment to the rule of law. As a Court of Justice underlined in its judgment of 5 June, the value of the rule of law is an integral part of the very identity of the European Union as a common legal order, and it is given concrete expression in principles containing legally binding obligations for the Member States.  Let me reiterate that the rulings of the Court of Justice are binding and must be implemented. The Commission therefore expects that the Polish authorities will swiftly and fully implement the judgment in question as required under EU law.  As regards the situation on the ground, I will limit myself to summarising what I set out in my intervention in this Parliament two weeks ago. So far, the Polish authorities have taken no steps to address the serious concerns in relation to the independence of the National Council for the Judiciary. As regards the Supreme Court, there are serious doubts whether a number of its judges appointed in 2018 and 2019, including its first president, comply with the requirements of independence stemming from Article 19 of the Treaty on European Union.  Finally, as regards the Constitutional Tribunal serious concerns persist, as the Polish authorities have not taken any action to address the concerns of the Commission and in February, the Commission decided to refer Poland to the Court of Justice for violations of EU law by the concerned tribunal and its true rulings issued in 2021 that challenge, among others, the primacy of EU law.  Of course, we will continue to follow the different procedures. We will continue to use all the different tools at our disposal to be sure that it will be possible to restore a real independence of the judiciary in Poland and to protect democracy like we have started to organise the procedure about the new law in organising the state committee.  So I thank you for this debate and I am looking forward to your intervention. But first of all, I want to thank you for your attention.