Press Releases S&Ds Group: “Serious, sustained and systemic breach of the rule of law in Poland”. Member states must finally act!

S&Ds Group: “Serious, sustained and systemic breach of the rule of law in Poland”. Member states must finally act!

Today, the committee on civil liberties, justice and home affairs overwhelmingly voted in favour of a report criticising the continuing deterioration of democracy, the rule of law and fundamental rights in Poland. Drafted by the S&D chair Juan Fernando López Aguilar MEP, the report calls on EU member states to finally take the Article 7 (1) procedure seriously and declare that there is a clear risk of a serious breach of the rule of law and European values by Poland.

On the eve of a crucial European summit on the next Multiannual Financial Framework, the S&D Group reminds EU leaders that an effective conditionality mechanism, that protects the EU’s budget when the rule of law is breached, is not only a priority but a sine qua non condition for the coming negotiations with the European Parliament.

S&D MEP Juan Fernando López Aguilar, EP rapporteur on the rule of law in Poland, and chair of the committee on civil liberties, justice and home affairs, said:

“This fact-based report gives a detailed overview of how the rule of law, democracy and fundamental rights have been undermined and damaged in Poland since 2015. The situation is very concerning. After taking over and politicising the Constitutional Tribunal and the National Council of the Judiciary, the PiS government continued by dismantling the Supreme Court, while at the same time running an intimidation campaign against judges who were critical of these changes to the judicial system. What we have witnessed in Poland is not just a one-off, but a series of different actions and legislative reforms undertaken by PiS majority that all together clearly amount to a serious, sustained and systemic breach of the rule of law. That is why the Council must finally act and take the Article 7 (1) procedure to the next step. This means issuing clear recommendations for Poland and, in case that the breach of the rule of law persists, coming forward with the pertinent measures.

“Nevertheless, as serious as our concerns regarding the rule of law and the independence of the judiciary in Poland are, those are not our only concerns. We are deeply worried about the situation of fundamental rights, particularly regarding media freedom and the protection of minorities. During the presidential campaign, public media bias was particularly visible on these issues, favouring the incumbent president, with the LGBTI community presented as a new enemy, whose human dignity was even questioned by president Duda.

“Taking into account all these worrisome developments, my report calls for a widening of the scope of the Article 7 (1) procedure in relation to Poland to include the state of democracy and the protection of fundamental rights.”

Birgit Sippel, S&D spokesperson on civil liberties, justice and home affairs, added:

“It’s a pathetic display that a country that was hailed as a model of transformation from communism to a democracy, in just 5 years was turned by the PiS government into a country which can no longer be rated as a full democracy. However, after seeing such an enormous turnout of Polish citizens, especially young people, showing their aspirations for more democracy, more fundamental rights and more equality in last week’s elections in Poland, there is hope that this is only temporary. We must stand by their side.

“Poland, but also Hungary make it more than clear: We must also never compromise on our common European values. That is why I urge European heads of state that will gather tomorrow in Brussels not to give up to Orbán and Morawiecki, and to agree on a new strong rule of law mechanism that would enable the European Commission to punish governments who breach the rule of law by suspending EU funds. It’s time for much bolder action to defend democracy in Poland and elsewhere in Europe.”

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