Systemic Threat to the Rule of Law in Poland: Updated and New Article 7(1) TEU Recommendations

Abstract

Article 7(1) TEU empowers the EU to act preventively in a situation where there is a clear risk of a serious breach of the values laid down in Article 2 TEU.
In December 2017, Article 7(1) TEU was activated for the first time by the European Commission in respect of Poland. In September 2018, the European Parliament activated the same mechanism in respect of Hungary. To this day, the Council of the EU has however proved unable or unwilling to make meaningful progress in the ongoing Article 7(1) TEU procedures and address concrete recommendations to either Poland or Hungary.
This working paper, which forms part of broader research commissioned by Open Society Foundations on Article 7(1) TEU proceedings, is exclusively dedicated to the procedure in respect of Poland. It aims to offer updated as well as new recommendations which the Council of the EU may adopt. Each of the recommendations is preceded by a state of play overview up to date as of 1 January 2023.

Keywords: European Union, Poland, Rule of Law, Article 7(1) TEU