From our point of view it is not a procedure that involves Member State – commented a spokesman for the Polish government Rafał Bochenek.
Opinion summarizes run from January 13 dialogue with the Polish government about the situation around TK. This is the first stage led to the Polish procedures to protect the rule of law. Your comment is confidential. How say EU sources, it is critical and states that there is a systemic threat to the rule of law in Poland.
“The European Union is built on common values enshrined in the Treaty” – Timmermans said at a press conference in Brussels. “These values include respect for the rule of law. (…) Ensuring compliance with the rule of law is the collective task of the EU institutions and all Member States. It is also part of the Commission’s role as guardian of the Treaty” – he said.
According to Timmermans contacts between him and the Polish authorities have had to help in the search for solutions, “which must be found in Poland.” “However, despite our efforts so far have failed to find solutions to major problems,” – he said. The main problems relate to the dispute over the composition of the Constitutional Court, the publication of his convictions and the respect for and the content of the Act reforming the Constitutional Court of 22 December 2015.
“No additional documents, no recommendations External not contribute in any way for this to end on the Constitutional Court. The opposition parties should understand this and should get rid of their unwanted animosity, aversion and join the action teams that already exist in the Polish parliament “- said a spokesman for the government in response to the sending of the government by the EC opinion ws. the rule of law in Poland.
He added that the dispute over TK should be resolved in the Polish parliament. He appealed to the leaders: Civic Platform Grzegorz Schetyna and Modern Ryszard Petru to join to work in teams.
Asked whether the government sue the EC procedure, Loaf replied that they are “further issues may be to consider”. In his opinion, the Commission’s actions are not taken on the basis of the EU treaties, but on the basis of “internal European Commission Communication” and therefore “doubtful”. “From the point of view of us as a Member State and the government, this is not a procedure that (…) binding on Member States,” – he stressed.
President Andrzej Duda invariably expresses the hope that the dispute over the Constitutional Court manages to appease the result of a compromise between the political parties present in the parliament – the message issued in response to the opinion of the European Commission Office of the President.
“I am surprised and saddened” – commented the opinion of the European Commission Justice Minister Zbigniew Ziobro. According to him, the European Commission “interfering in the affairs of a sovereign state, supporting the opposition and acting against the government.” Moreover, according to Ziobro, “you have to compromise on both sides.” “The other side, I’m talking about the opposition, but also by the Constitutional Court, will seek a compromise is not manifested” – the minister said.
“I have the impression that the European Commission stiffened its position under the influence of the Venice Commission, which was consulted on this matter in recent days. It is a pity, because it was a real chance for further rapprochement” – stressed in an interview with PAP deputy head of the Foreign Ministry Konrad Szymanski the opinion of the European Commission.
“Firstly, it is further opinion, which does not bring anything new, which until now did not know. KE always advocated three things, namely the publication of the judgment of the Constitutional Tribunal, swearing in judges, amendments to the Tribunal. We are a long time talking, that we are ready for dialogue and compromise, and basically those are our proposals relate to these three issues. the dialogue will continue and we will be working on the proposals not only ours, but all that are filed in the parliament, “- commented the decision of the European Commission spokeswoman for the Law and Justice Beata Mazurek .
Member of the club Kukiz’15 Elizabeth Borowska but considers that the actions of Brussels on the Polish take place “in violation of democratic rights.” In her opinion, the end of the dispute over the Court can not be seen, but for half a year in the parliament a draft amendments to the provisions of the Constitutional Tribunal by Kukiz’15.
To complete the dispute over the Constitutional Court is required publication of the judgment TK, swearing three judges of the Constitutional Tribunal and surrender of President of the Law and Justice Jaroslaw Kaczynski in this dispute – said the head of PO Grzegorz Schetyna, and the head of PSL Wladyslaw Kosiniak- Kamysz called for as soon as possible to start work in the Sejm on projects related TK.
“The European Commission did not give fall for the tricks of Justice, involving the mangle seek a compromise solution to the dispute over TK” – commented the leader of Modern Ryszard Petru. He added that the conflict with the European Commission to pay all Poles. “PiS pushes us into the abyss,” – he added.
The head of the European Parliament Martin Schulz rating twitter that the European Commission rightly sending the Polish authorities an opinion on the rule of law. “The European Commission is the guardian of the treaties. Today took the right action, especially by insisting on respect for the opinion of the Venice Commission (the Council of Europe), which promised Prime Minister Law and Justice deputy in the European Parliament” – wrote Schulz.
According to Dr Michael Kuzia, an expert of the Center for the Club of the Jagiellonian Poland should enter into a compromise ws. Constitutional Court, and then apply to the European Court of Justice to examine to what extent the procedure to protect the rule of law is anchored in the EU Treaties.
However, according to president of the Center for International Relations, Dr. Margaret Bonikowska European Commission has no interest in the fact that the conflict with a Member State; sending Poland a review, the European Commission is fulfilling its mandate and is trying to act as a mediator.
A political scientist at the University of Silesia Tomasz Słupik believes that the European Commission’s decision will not significantly affect the possibility of ending the crisis around the Constitutional Court.
After the opinion of the European Commission ws. The rule of law in Poland as usual activities of both the PiS and the PO ws. The Constitutional Court will continue – says Dr. Krakow University of Economics, an expert of the Jagiellonian Club, Marcin Kędzierski.
Adopted in 2014, the procedure provides that if after the opinion of the European Commission indicated the problems will not be solved within a reasonable time, then the next step is to issue recommendations by the European Commission with a specific term solution.
The ultimate solution is a proposal to the EU Council (Member States representatives) to declare violations of the rule of law, in accordance with Article 7 of the EU Treaty. This article can also impose sanctions on the country in violation of the rule of law. However, to find a serious violation of the principles of the rule of law, it is necessary unanimity of the Member States.
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