EU Initiates Rule of Law Procedure Against Poland (January 13, 2016) [1]
On January 13, 2016, the European Commission initiated its inquiry into recent developments in Poland and their impact on the rule of law as a fundamental value of the European Union. According to the press release [3], “the political and legal dispute concerning the composition of the Constitutional Tribunal . . . [and] the changes in the law on the Public Service Broadcasters” prompted the assessment under the Rule of Law Framework [4]. According to a news report [5], the new laws allow the government “to appoint more sympathetic judges to the nation’s Constitutional Tribunal . . . [and] rein in the court’s ability to overturn new laws; allow the government to directly appoint the country’s top prosecutor; and pardon the head of the security services, who had been appealing a conviction for abuse of office stemming from the ruling party’s previous time in power, from 2005 to 2007.” A fact sheet [6] published by the Commission sets out the three-part process of the inquiry, which includes an investigation into whether the new laws violate European Union rules, followed by recommendations to remedy any breaches that are determined. Should Poland not implement the recommendations, the Commission could impose any of the sanctions set out by Article 7 TEU [7], including suspension of voting rights of the state in the Council.