Answer to Written Question: Action by the Commission in relation to the rule of law in Poland

(Source: European Parliament)



Answer given by Mr Reynders

on behalf of the European Commission


The Commission considers that there is a clear risk of a serious breach of the rule of law in Poland. For this reason, on 20 December 2017 it adopted a reasoned proposal in accordance with Article 7(1) of the Treaty on European Union (TEU). The reasoned proposal focuses on the rule of law, which is a prerequisite for the protection of all fundamental values listed in Article 2 TEU, including fundamental rights and democracy.

The Commission is also monitoring relevant aspects as regards the implementation of the EU Charter of Fundamental Rights in line with the new strategy[1]. As regards democracy more broadly the Commission adopted the European Democracy Action Plan[2] which lays down several measures to promote free and fair elections and strong democratic participation, support free and independent media and counter disinformation.

Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget applies as of 1 January 2021. The Commission is fully committed to fulfil its duty to implement the Regulation. All relevant breaches affecting the sound financial management of the Union budget and the financial interests of the Union after 1 January 2021 will be covered. Pursuant to the Regulation, the Commission will open the procedure and propose measures if the conditions for its application are met.

The Commission is currently assessing information from various sources to identify possible breaches that would be relevant under the Regulation. The Commission is also preparing guidelines on some aspects of the application of the Regulation. As Poland and Hungary have challenged the validity of the Regulation before the Court of Justice, the guidelines will take account of the Court’s judgment, in so far as relevant.

[1] COM(2020) 711 final.

[2] COM(2020) 790 final.

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