The European Union is to drop proceedings it had taken against Poland over concerns about breaches of the rule of law under its previous right wing Law and Justice government.
On Monday the European Commission said following an assessment undertaken in recent months it had decided there was no longer a “clear risk” of the country breaking the rule of law.
Billions of euro in EU funding had been withheld from Poland after the commission opened disciplinary proceedings against the country in 2017, over concerns about the judiciary being politicised by the ruling party.
The conservative and populist Law and Justice party had been in power in Poland from 2015 until late 2023. During its time in government the party undermined the independence of judges, freedom of the media and cracked down on LGBT+ rights, prompting clashes with the EU.
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The rule of law proceedings, the “nuclear option” known as the Article 7 procedure, was the first time the enforcement action had been taken by the EU against a member state.
When pro-EU leader Donald Tusk took over as Polish prime minister, backed by a new centrist coalition following general elections in October 2023, he committed to rebuilding frayed relations between Poland and the EU.
Mr Tusk, a former European Council president, has pushed to reset the relationship between Warsaw and EU leaders in Brussels, as his government attempts to unwind many of the illiberal reforms introduced by Law and Justice.
[ Poland seeks to reverse dismantling of the rule of lawOpens in new window ]
Earlier this year the commission decided that it would unfreeze billions of euro worth of EU funds due to Poland, on foot of progress the country had made to address concerns. As part of this decision a first tranche of €6.3 billion in Covid-19 recovery funds was released last month.
The decision to now move to drop the Article 7 disciplinary proceedings marked “a new chapter for Poland”, commission president Ursula von der Leyen said. “The ongoing restoration of the rule of law in Poland is great for the Polish people and for our union,” she said.
One EU official said the decision to withdraw the enforcement action had been taken on the back of concrete commitments from Poland, as well as several pieces of national legislation in train to reverse policies of the previous government. The commission’s decision is to be discussed at a meeting of EU ministers, and then it is expected the proceedings will be formally dropped.
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