EU MONITORING POLAND ON THE MATTER OF RULE OF LAW




Mustafa AY – TDO – 27.06.2018 On Tuesday, EU Commission arranged a hearing in order to discuss Poland’s controversial judicial reforms that was put into effect in December 20, 2017. 27 EU Ministers in charge of Foreign Affairs bombarded their Polish counterpart with questions about Warsaw’s violation of the principle of rule of law. EU Commission underlied the fact that judiciary under presidential control poses further threats to functionality of principle of rule of law in Poland. Therefore, Commission demands Poland on abolishing judicial reforms effective immediately.

In December 20, 2017, Poland made constitutional amendment referring judiciary to be under control of Polish President. However, EU put enormous pressure on Polish administration not to make the amendment. Especially, European Court of Justice utilized its normative function –judicial activism- to issue memorandum to Polish administration with the aim of coercing Warsaw to cancel the planned amendment to judicial structure. However, Warsaw did not take ECJ’s memorandum into consideration enough. After Warsaw implemented the reforms, EU Commission stated imminent imposition of sanctions on Poland because of the fact that Warsaw did ignore principle of independent rule of law.