European Commission intends to end Article 7 procedure against Poland after improvements in rule of law

The European Commission has finalised its analysis on the rule of law situation in Poland in the context of the Article 7(1) TEU procedure. The Commission considers that there is no longer a clear risk of a serious breach of the rule of law in Poland within the meaning of Article 7(1) of the Treaty on European Union.

Poland has launched a series of legislative and non-legislative measures to address the concerns on independence of the justice system, it has recognised the primacy of EU law and is committed to implementing all the judgment of the Court of Justice of the European Union and the European Court of Human Rights related to rule of law including judicial independence.

The adoption of a clear programme in the form of the Action Plan presented by Poland in February 2024, and the fact that Poland has taken the first concrete steps to implement the Action Plan, together with the acknowledgement by Poland that rule of law need to be addressed, are all directly relevant to an assessment of risk by the Commission. Having examined these factors, the Commission concludes that there is no longer a clear risk of a serious breach of the rule of law. In this context, it is important to note that Poland joined the European Public Prosecutor’s Office on 29 February 2024.

The Commission is therefore informing the Council and the European Parliament of this assessment and of the Commission’s intention to withdraw its Reasoned Proposal from 2017, thereby closing the Article 7 (1) procedure.

President of the European Commission, Ursula von der Leyen said on 6 May: “Today, marks a new chapter for Poland. After more than 6 years, we believe that the Article 7(1) procedure can be closed. I congratulate Prime Minister Donald Tusk and his government on this important breakthrough. It is the result of their hard work and determined reform efforts. The ongoing restoration of the rule of law in Poland is great for the Polish people and for our Union as a whole. It is a testament to the resilience of the rule of law and democracy in Europe.”  

On 20 February 2024, Poland presented its Action Plan on the rule of law to the General Affairs Council. Following the commitment by Poland to address the serious rule of law concerns set out in the Commission’s Reasoned Proposal triggering the Article 7 procedure, the Commission has undertaken a new analysis to determine whether “a clear risk of a serious breach” still exists.

The Commission therefore intends to withdraw its Reasoned Proposal and it invites the Council to make any observations it deems appropriate. To this end, the Commission has adopted an information note that Vice-President Věra Jourová has sent to the Council. The Commission also informed the European Parliament about its analysis.

Next Steps

Vice-President Jourová will present the Commission’s analysis in the forthcoming meeting of the General Affairs Council. After that, and taking into account any observations by the Council, the Commission intends to formally withdraw the Reasoned Proposal on Article 7(1) TEU.

The measures under the Action Plan, as well as other steps to promote the rule of law in Poland, will continue to be regularly monitored, in particular, under the Rule of Law Report process.

The CJEU opposes the regime in force in Poland that allows the Minister of Justice to appoint judges by hand-picking.

More information: European Commission