Source: European Parliament
The Commission’s decision to withdraw its reasoned proposal of 2017 and thereby close the procedure under Article 7(1) of the Treaty on European Union (TEU) for Poland is based on a thorough and objective assessment of the rule of law situation in Poland.
It is important to bear in mind that what is assessed is the ‘clear risk’ of a serious breach of the rule of law within the meaning of Article 7(1) TEU.
The acknowledgement by Poland that rule of law shortcomings exist which need to be addressed, the adoption of a clear programme in the form of an Action Plan, and the fact that the first concrete steps had been taken to implement the action plan, as well as the commitments made to the primacy of EU law and to the implementation of judgments of the Court of Justice of the EU and of the European Court of Human Rights, led the Commission to conclude that there is no longer such a clear risk of a serious breach of the rule of law by Poland.
The Commission discussed its assessment with Member States in the General Affairs Council and took those exchanges into account when adopting its decision.
The Commission will continue to regularly 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.