European Commission to be made public the June assessment of the situation in Poland – Poland Wirtualna

• The European Commission said that to be made public its assessment of the constitutional crisis in Poland

 • It is the opinion of June 1, which until now was secret
 

European Commission announced that it will reveal sent June 1 to the Polish authorities an opinion on the rule of law – spokeswoman Natasha Bertaud. The document was the result of a deadlock in talks between Brussels and Warsaw on resolving the constitutional crisis. To date, the opinion concludes that run from January 13 dialogue with the Polish government on the situation around the Constitutional Court, was confidential. Sources informed that it is critical and states that there is a systemic threat to the rule of law in Poland.

– we did not publish the first opinion on the rule of law, but the published recommendations, which were the second phase (procedures) – European Commission spokeswoman said. As announced, access to the opinions will, however, enabled.
 

 Sources in the EC explain that now, when they are open for Polish recommendations concerning, among others the execution of all judgments of the Constitutional Court, there is no reason to released on June 1 opinion on the rule of law remained latent.
 

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The document, which received the PAP, on the first eight pages explained what procedure is to protect the rule of law, as well as point by point shows the calendar of events related to the constitutional crisis, including all contacts between the European Commission and the Polish government.
 

 Then on the following pages are presented problems, such as. Niezaprzysiężenie by the president three chosen by the Parliament of the previous term judges TK, or the consequences of the December amendment to the Constitutional Tribunal Act. In each described aspect, which consisted of the crisis around the TK, they are reproduced the facts first, then the assessment and finally requests the European Commission.
 

In a letter to the Polish authorities, the Commission stressed that the procedure of the rule of law is triggered when a Member State authority shall take action or tolerate situations that could lead to the systematic undermining the functioning of the mechanisms established to ensure the rule of law.
 

The opinion also refers to the changes carried out in nearly the media (according to the European Commission undermine the freedom and pluralism of the media), as well as changes in the civil service and the law on police (regulating the principles of surveillance).
 

In conclusion, the Commission concludes that there is a systemic threat to the rule of law in Poland. “The fact that the Constitutional Court prevented a fully effective control of the constitutional adversely affects the integrity, stability and proper functioning, which is one of the key safeguards the rule of law in Poland” – said the EC.
 

The opinion has not been placed on the website, but it can get it, anyone who will perform in this matter to the Commission.
 

 
 As have informed the media in Brussels, on the publication of the opinion, he asked the Commission Professor of European Law at the University of Middlesex in London Laurent Pech. Initially, the EC would not agree to his request, explaining that disclosure of the document “affect the climate of mutual trust” between the Polish authorities and the Commission, which – as explained – is needed to find a solution to the constitutional crisis.
 

The appeal of this decision professor argued that there is no evidence that non-disclosure of the opinion helps meet these objectives. As indicated, preventing public access to the opinion of negatively influencing the confidence of citizens, businesses, public authorities and members of parliament to the government.
 

At the end of July, the European Commission issued a recommendation to the Polish who were moving to the second stage of the procedure to protect the rule of law, initiated against our country in January. In an earlier phase of the committee on June 1 issued a short length implicit opinion on the rule of law. Just as in the opinion, also in the recommendations, the Commission estimated that in Poland there is a “systemic threat to the rule of law.”
 

The Commission recommended that the publication of judgments of the Tribunal and their full implementation, which means that the positions of judges of the Constitutional Court is to cover “the three judges appointed in accordance with the law by the previous legislature in October 2015. Instead of the three judges selected by the new the legislature (in December last year. r.) without a valid legal basis. ”
 

In response to Tuesday’s publication of 21 of the 23 judgments CT (without judgments: March 9 ws. December amendment to the Constitutional Tribunal Act of June 2015., And Aug. 11 ws. July Tribunal Act), the Commission stressed it does not solve all the problems, which takes in the course of the procedure to the Polish law. No publication of two key judgments is a serious problem for the European Commission – informed officials.
 

 Failure to follow instructions may prompt the European Commission to move to the next stage in the procedure and submit a proposal to the EU Council (representatives of the governments of the Member States) for a declaration of a serious threat to the rule of law in Poland. To found the existence of such a threat, the EC proposal would have to be supported by 4/5 of the votes in the EU Council.
 

The final step would be an application to the European Council (EU leaders) to declare that the rule of law are violated, in accordance with Article. 7 of the EU Treaty. This article can impose sanctions on the country in violation of the rule of law, but to any serious breach of the rule of law is needed unanimity of the Member States.