‘A new chapter for Poland’: Brussels suspends criminal proceedings due to a breach of the rule of law

Less than six months after the new Polish government took office, it is becoming increasingly clear: the hatchet with Brussels is being buried very quickly. On Monday, the European Commission announced its intention to discontinue its long-running criminal proceedings against Poland. According to Brussels, due to recent measures by the Polish government, “there is no longer a clear risk of a serious violation of the rule of law in Poland.”

The move marks a breakthrough in the normalization of relations between Brussels and Warsaw, after years of increasing escalation. In a statement, Commission President Ursula von der Leyen spoke of “a new chapter for Poland”. It also means a big boost for Polish Prime Minister Donald Tusk, who took office in December, who made strengthening the rule of law and improving relations with the European Union an important election promise.

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In concrete terms, the European Commission now proposes to withdraw the so-called Article 7 procedure. She started this procedure, also known in Brussels as the ‘nuclear option’, in December 2017 in response to far-reaching Polish political interference with the independent judiciary. It was the first time that the Commission had initiated such criminal proceedings, which in extreme cases could lead to Poland losing its voting rights in the Council of the EU.

It never got that far. In order to actually deny Poland the right to vote, all other EU countries had to agree. This turned out to be impossible in practice, especially after Hungary also had to deal with an Article 7 procedure in 2018 and both countries stood up to each other.

Action plan

As a result, the criminal proceedings never really had the desired effect. Instead of an improvement, in the years after 2017, according to analysts, Poland only experienced a deterioration in the situation regarding the rule of law. The only concessions that the previous right-wing populist Polish government made to Brussels followed the threat of financial sanctions.

The arrival of the Tusk government in December meant an almost immediate turnaround. According to EU officials, an action plan to restore the rule of law that the Polish government recently presented shows that it is serious about rolling back the controversial reforms of its predecessor. According to an official, it is not important that none of the proposed measures have actually been implemented. “The Article 7 procedure revolved around clear risks of a serious breach of the rule of law. That risk is no longer there because the situation has changed for the better in Poland.”

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At the same time, the Commission emphasized that it will continue to closely monitor the situation in Poland and can take action if reforms are not made. However, the withdrawal of the procedure from Brussels is also a clear political signal of support for the new Polish government. Earlier this year, the Commission also released 137 billion euros in European funds for Poland that had been frozen due to concerns about the rule of law.

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