Polish government responds to European Commission’s Recommendation on the reform of the judiciary

Author (Corporate)
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Series Details 28.08.17
Publication Date 28/08/2017
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Background and further information:

The country's government pointed out it had provided 'exhaustive clarification' concerning the doubts raised by the European Commission in its Recommendation, which was published on 26 July. It was underlined that those legislative measures are in line with European standards.

The systemic threat over the rule of law in Poland was first identified formally by the European Commission in January 2016. An investigation was then launched into Poland's first set of measures on the judicial system and engaged in a dialogue with the country's authorities in the framework of a Rule of Law procedure.

The Commission published an Opinion on 1 June 2016 and was met with criticism by the Polish government. Following up on this document, a Recommendation was published on 27 July 2016, reflecting some changes to the judicial reform proposed by the Polish government to address the issues raised but pointing out these had not been enough.

In December 2016, the Commission discussed the state of play of the procedure concerning the Rule of Law in Poland and decided to issue a complementary Rule of Law Recommendation. In February 2017, the country's foreign minister considered the issue to be a 'closed case', without addressing the indications from the Commission.

The government later decided to put forward a further set of four legislative measures reforming the judiciary as a whole - proposals on the National School of Judiciary, on the National Council for the Judiciary, on the Ordinary Courts Organisation and on the Supreme Court.

Poland's Ministry of Foreign Affairs announced on 28 August 2017 it had sent a reply to the Recommendation issued by the European Commission a month earlier on the judicial reform put forward in the country.

Source Link http://www.msz.gov.pl/en/news/mfa_statement_regarding_polish_response_to_european_commission_recommendation_of_26_july_2017
Related Links
EUObserver, 29.08.17: Poland rejects 'groundless' EU complaint https://euobserver.com/justice/138817
EurActiv, 30.08.17: Merkel backs Brussels in row with Poland over courts http://www.euractiv.com/section/justice-home-affairs/news/merkel-backs-brussels-in-row-with-poland-over-courts/
The Guardian, 29.08.17: Angela Merkel: we cannot hold our tongues on risk to rule of law in Poland https://www.theguardian.com/world/2017/aug/29/angela-merkel-poland-judicial-reforms-courts
Radio Poland, 29.08.17: EU has no ‘instruments’ to impose sanctions on Poland: MEP http://www.thenews.pl/1/9/Artykul/323023,EU-has-no-%E2%80%98instruments%E2%80%99-to-impose-sanctions-on-Poland-MEP
EurActiv, 29.08.17: Poland snubs EU over controversial court reforms https://www.euractiv.com/section/justice-home-affairs/news/poland-snubs-eu-over-controversial-court-reforms/
Politico, 28.08.17: Warsaw tells Brussels to back off in fight over court changes http://www.politico.eu/article/warsaw-tells-brussels-to-back-off-in-fight-over-court-changes-rule-of-law/
EurActiv, 28.08.17: EU deadline passes for Poland to comply on court reforms https://www.euractiv.com/section/justice-home-affairs/news/eu-deadline-passes-for-poland-to-comply-on-court-reforms/
Blog: Verfassungsblog, 30.08.17: One Law, Two Justices http://verfassungsblog.de/one-law-two-justices/

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