Polish Prime Minister Donald Tusk recently made a promise to restore the rule of law and reset relations between Warsaw and Brussels. This comes after Poland officially exited Article 7, the European Union’s mechanism to rein in countries that defy the bloc’s fundamental values. The decision, which ends a long-running saga that began in 2017, was formalized on Wednesday morning. The clash between Poland and the European Commission stemmed from the sweeping reforms introduced by the hard-right Law and Justice (PiS) party, which led to the erosion of judicial independence.
Despite the Commission’s concerns about the overhaul, the PiS-led government pushed through its plans and even empowered the disciplinary chamber of the Supreme Court to punish magistrates according to the content of their rulings. This move strained relations between Warsaw and Brussels, leading to fears that Poland would break away from the bloc’s legal system. However, the 2023 general elections brought a change with the election of Donald Tusk as prime minister, who quickly moved to repair diplomatic ties and address the dispute.
Tusk’s government presented an “action plan” of nine laws to restore judicial independence, adopted a ministerial order to cease unjustified proceedings against magistrates, and made commitments to respect the European Court of Justice (ECJ) and the primacy of EU law. As a result of these efforts, the Commission unblocked recovery and cohesion funds for Poland, which had previously been denied access. While progress has been made, officials in Brussels acknowledge that the work is not yet complete and that there are still challenges ahead, particularly regarding the bills under the “action plan.”
Despite the positive developments, there are concerns about potential roadblocks, as President Andrzej Duda, who has ideological differences with Tusk, could veto the proposed laws. Hungary, which is still subject to Article 7, has criticized the Commission’s decision to unblock funds for Poland based on political commitments, rather than waiting for the final outcome of the “action plan.” This has led Hungary to question the Commission’s consistency in rule of law-related issues and has been viewed as a form of political blackmailing.
Despite the progress made in resolving the dispute between Poland and the EU, there is still work to be done. While the threat to the rule of law in Poland has decreased, the bills under the “action plan” must still become law. Any setbacks in this process could potentially jeopardize the progress made so far. The situation highlights the complex and delicate nature of the relationship between individual member states and the EU, particularly when it comes to issues related to the rule of law and fundamental values. The coming months will be crucial in determining the future direction of Poland’s relationship with Brussels and the EU as a whole.
