Commission decides to close the Article 7(1) TEU procedure for Poland

Today, the European Commission has decided to close the Article 7(1) TEU procedure for Poland by withdrawing its reasoned proposal that had triggered this procedure in 2017. On 6 May 2024, the Commission 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 that provision. 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 judgments of the Court of Justice of the European Union and the European Court of Human Rights related to rule of law including judicial independence.

During the General Affairs Council on 21 May 2024, the Vice-President for Values and Transparency, Věra Jourová, had a positive discussion with ministers on the situation in Poland under the Article 7 procedure, as well as on the latest Commission assessment and the intention to withdraw the reasoned proposal. Member States recognised the efforts already made by the Polish Government to address the existing concerns. Following this discussion, the Commission has today decided to close the Article 7 procedure, and has informed the Council and the European Parliament that it is withdrawing its reasoned proposal of 2017.

Vice-President Jourová said: “Today marks an important day for the rule of law in Poland and in the European Union. After more than six years, following the positive steps taken by the Polish authorities as well as the strong support expressed by Member States in that respect, we have now closed the Article 7 procedure for Poland. We will continue engaging with the Polish authorities to support them in their endeavour to promote the rule of law.”

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