The European Commission has officially closed the rule-of-law proceedings, known as Article 7, against Poland, which were initiated in December 2017 due to concerns over judicial reforms by the former Law and Justice (PiS) government.
The Commission stated that it no longer sees a clear risk of a serious breach of the rule of law in Poland. This decision comes after the new Polish government, which took office in December, implemented measures addressing concerns over the independence of the justice system, recognized the primacy of EU law, and committed to implementing European Court judgments related to the rule of law.
Article 7, often referred to as the “nuclear option,” could have led to the suspension of Poland’s EU membership rights. However, unanimity among member states would have been required for such a move, and Hungary, led by PiS-ally Viktor Orbán, was not supportive of punishing Poland over the rule of law. Hungary argued that the withdrawal from Article 7 demonstrates that it was merely a “tool of political blackmail.”
Poland’s justice minister acknowledged that not all solutions from the action plan presented to the EU have been implemented, but assured that the government would continue to proceed with them. The European Commission emphasized that it would continue to monitor and support Poland’s implementation of the action plan.
President Andrzej Duda, a PiS ally closely involved in the judicial reforms that led to the Article 7 proceedings, holds veto power over legislation passed by the Polish government, despite its majority in both chambers of parliament.