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Rule of Law: Commission issues recommendation to #Poland

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Poland-and-neighbours-map_fb-sizeThe European Commission has today (27 July) adopted a Rule of Law Recommendation on the situation in Poland, setting out the Commission's concerns and recommending how these can be addressed.

This new step under the Rule of Law Framework follows the intensive dialogue that has been ongoing with the Polish authorities since 13 January. After the adoption of an Opinion on the situation in Poland on 1 June, the Polish Parliament adopted a new Law on the Constitutional Tribunal on 22 July.The Commission has assessed the overall situation, including in the light of the new law, and reaches the conclusion that even if certain of its concerns have been addressed by that law, important issues of concern regarding the rule of law in Poland remain. The Commission is therefore laying out concrete recommendations to the Polish authorities on how to address these concerns.

The Commission believes that there is a systemic threat to the rule of law in Poland. The fact that the Constitutional Tribunal is prevented from fully ensuring an effective constitutional review adversely affects its integrity, stability and proper functioning, which is one of the essential safeguards of the rule of law in Poland. Where a constitutional justice system has been established, its effectiveness is a key component of the rule of law.

First Vice-President Frans Timmermans said: "Despite the dialogue pursued with the Polish authorities since the beginning of the year, the Commission considers the main issues which threaten the rule of law in Poland have not been resolved. We are therefore now making concrete recommendations to the Polish authorities on how to address the concerns so that the Constitutional Tribunal of Poland can carry out its mandate to deliver effective constitutional review."

The Commission today recommends in particular that Poland:

  • Respects and fully implements the judgments of the Constitutional Tribunal of 3 and 9 December 2015. These require that the three judges that were lawfully nominated in October 2015 by the previous legislature can take up their function of judge in the Constitutional Tribunal, and that the three judges nominated by the new legislature without a valid legal basis do not take up the post of judge without being validly elected;
  • publishes and implements fully the judgment of 9 March 2016 of the Constitutional Tribunal, as well as all subsequent judgments, and ensures that the publication of future judgements is automatic and does not depend on any decision of the executive or legislative powers ;
  • ensures that any reform of the Law on the Constitutional Tribunal respects the judgments of the Constitutional Tribunal, including the judgments of 3 and 9 December 2015 and the judgment of 9 March 2016, and takes the Opinion of the Venice Commission fully into account; and ensures that the effectiveness of the Constitutional Tribunal as a guarantor of the Constitution is not undermined by new requirements, whether separately or through their combined effect, and;
  • ensures that the Constitutional Tribunal can review the compatibility of the new law adopted on 22 July 2016 on the Constitutional Tribunal before its entry into force and publish and implement fully the judgment of the Tribunal in that respect.

Next steps

The Commission is recommending that the Polish authorities take appropriate action to address this systemic threat to the rule of law as a matter of urgency and asks the Polish government to inform the Commission, within three months, of the steps taken to that effect.

The Commission remains ready to pursue a constructive dialogue with the Polish Government. If there is no satisfactory follow-up within the time limit set, resort can be had to the 'Article 7 Procedure'.

Background

The rule of law is one of the common values upon which the European Union is founded. It is enshrined in Article 2 of the Treaty on European Union. The European Commission, together with the European Parliament and the Council, is responsible under the Treaties for guaranteeing the respect of the rule of law as a fundamental value of our Union and making sure that EU law, values and principles are respected.

Recent events in Poland concerning in particular the Constitutional Court have led the European Commission to open a dialogue with the Polish Government in order to ensure the full respect of the rule of law. The Commission considers it necessary that Poland's Constitutional Tribunal is able to fully carry out its responsibilities under the Constitution, and in particular to ensure an effective constitutional review of legislative acts.

The Rule of Law Framework – introduced on 11 March 2014 – has three stages (see also graphic in Annex 1). The entire process is based on a continuous dialogue between the Commission and the Member State concerned. The Commission will keep the European Parliament and Council regularly and closely informed.

  • Commission assessment: The Commission will collect and examine all the relevant information and assess whether there are clear indications of a systemic threat to the rule of law. If, on this evidence, the Commission believes that there is a systemic threat to the rule of law, it will initiate a dialogue with the Member State concerned, by sending its "Rule of Law Opinion", substantiating its concerns. This Opinion serves as a warning to the Member State, and gives the Member State concerned the possibility to respond.
  • Commission Recommendation: In a second stage, if the matter has not been satisfactorily resolved, the Commission can issue a "Rule of Law Recommendation" addressed to the Member State. In this case, the Commission would recommend that the Member State solves the problems identified within a fixed time limit, and inform the Commission of the steps taken to that effect. The Commission will make its recommendation public.
  • Follow-up to the Commission Recommendation: In a third stage, the Commission will monitor the follow-up given by the Member State to the recommendation. If there is no satisfactory follow-up within the time limit set, resort can be had to the 'Article 7 Procedure'. This procedure can be triggered by a reasoned proposal by one third of the Member States, by the European Parliament or by the Commission.

 

Annex I

Graph

More information:

Commission Recommendation regarding the Rule of Law in Poland

MEMO/16/2644

Commission Recommendation regarding the Rule of Law in Poland: Questions & Answers

EU

AI rules: What the European Parliament wants

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Find out how MEPs are shaping EU artificial intelligence legislation in order to boost innovation while ensuring safety and protecting civil liberties.

Artificial intelligence (AI) is a major part of the digital transformation. Indeed, it is hard to imagine life without the use of AI in many goods and services, and it is set to bring more changes to the workplace, business, finance, health, security, farming and other fields. AI will also be crucial for the EU's green deal and the COVID-19 recovery.

The EU is currently preparing its first set of rules to manage the opportunities and threats of AI, focusing on building trust in AI, including managing its potential impact on individuals, society and the economy. The new rules also aim to provide an environment in which European researchers, developers and businesses can thrive. The European Commission wants to boost private and public investment in AI technologies to €20 billion per year.

Infographic with facts and figures about artificial intelligence such the number of AI patent applications and the number of jobs that could be created by 2025AI patent applications

Parliament's work on AI legislation

Ahead of a Commission proposal on AI, expected in early 2021, the Parliament has set up a special committee to analyze the impact of artificial intelligence on the EU economy. "Europe needs to develop AI that is trustworthy, eliminates biases and discrimination, and serves the common good, while ensuring business and industry thrive and generate economic prosperity," said the new committee chairman Dragoș Tudorache.

On 20 October 2020, Parliament adopted three reports outlining how the EU can best regulate AI while boosting innovation, ethical standards and trust in technology.

One of the reports focuses on how to ensure safety, transparency and accountability, prevent bias and discrimination, foster social and environmental responsibility, and ensure respect for fundamental rights. "The citizen is at the centre of this proposal," said author of the report Ibán García del Blanco (S&D, Spain).

Axel Voss (EPP, Germany) authored Parliament’s report on a civil liability regime for artificial intelligence. He explains the aim is to protect Europeans while also providing businesses with the legal certainty necessary to encourage innovation. "We're not pushing for revolution. There should be uniform rules for businesses, and existing law should be taken into account," he said.

Regarding intellectual property rights, Parliament stressed the importance of an effective system for further AI development, including the issue of patents and new creative processes. Among the issues to be resolved is the intellectual property ownership of something entirely developed by AI, said report author Stéphane Séjourné (Renew, France).

Parliament is working on a number of other issues related to AI, including:

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EU

2021 Commission work programme: From strategy to delivery

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The Commission has adopted its 2021 work programme, designed to make Europe healthier, fairer and more prosperous, while accelerating its long-term transformation into a greener economy, fit for the digital age. It contains new legislative initiatives across all six headline ambitions of President von der Leyen's Political Guidelines and follows her first State of the Union Speech. While delivering on the priorities set out in this work programme, the Commission will continue to put all its efforts into managing the crisis, and into making Europe's economies and societies more resilient.

European Commission President Ursula von der Leyen said: “Our utmost priority will continue being to save lives and livelihoods threatened by the coronavirus pandemic. We have already achieved a lot. But Europe is not out of the woods yet and the second wave is hitting hard across Europe. We must remain vigilant and step up, all of us. The European Commission will continue its efforts to secure a future vaccine for Europeans and to help our economies recover, through the green and digital transition.”

Interinstitutional Relations and Foresight Vice President Maroš Šefčovič said: “Whilst ensuring Europe can manage the pandemic and its devastating impact, we also continue to draw lessons from the crisis. Therefore, the priorities set out in this work programme will not only help deliver Europe's recovery but also our long-term resilience – through future-proof solutions across all policy areas. For that, we will make the best use of strategic foresight as well as our better law-making principles – evidence-based and transparent, efficient and fit for the future.”

Delivering on EU priorities

The 2021 Commission work programme sees a shift from strategy to delivery across all six political priorities. It confirms the Commission's resolve to lead the twin green and digital transition – an unparalleled opportunity to move out of the fragility of the crisis and create a new vitality for the Union.

  1. A European Green Deal

To achieve a climate-neutral Europe by 2050, the Commission will table a Fit for 55 package to reduce emissions by at least 55% by 2030. This will cover wide-ranging policy areas – from renewables to energy efficiency first, energy performance of buildings, as well as land use, energy taxation, effort sharing and emissions trading. A Carbon Border Adjustment Mechanism will help reduce the risk of carbon leakage and ensure a level-playing field by encouraging EU partners to raise their climate ambition. In addition, the Commission will propose measures to implement Europe's circular economy action plan, the EU biodiversity strategy and the farm to fork strategy.

  1. A Europe fit for the digital age

To make this Europe's digital decade, the Commission will put forward a road map of clearly defined 2030 digital targets, related to connectivity, skills and digital public services. The focus will be on the right to privacy and connectivity, freedom of speech, free flow of data and cybersecurity. The Commission will legislate in areas covering safety, liability, fundamental rights and data aspects of artificial intelligence. In the same spirit, it will propose a European e-ID. Initiatives will also include an update of the new industrial strategy for Europe, to take into account the impacts of the coronavirus, as well as a legislative proposal to improve the working conditions of platform workers.

  1. An economy that works for people

To ensure that the health and economic crisis does not turn into a social crisis, the Commission will put forward an ambitious action plan to implement fully the European Pillar of Social Rights, making sure that no one is left behind in Europe's recovery. The Commission will also come forward with a new European child guarantee, ensuring access to basic services like health and education for all children. To support our economies and strengthen the Economic and Monetary Union, it will revise the framework for handling EU bank failures, take measures to boost cross-border investment in the EU, and step up the fight against money laundering.

  1. A stronger Europe in the world

The Commission will ensure that Europe plays its vital role in this fragile world, including by leading the global response to secure a safe and accessible vaccine for all. It will propose a Joint Communication on strengthening the EU's contribution to a rules‑based multilateralism, a renewed partnership with our Southern Neighbourhood and a Communication on the Arctic. A new strategic approach to support disarmament, demobilization and reintegration of ex-combatants will also be presented. A Communication on the EU's humanitarian aid will explore new ways of working with our partners and other donors.

  1. Promoting our European way of life

In the face of COVID-19, the Commission will propose to build a stronger European Health Union, notably by strengthening the role of existing agencies and establishing a new agency for biomedical advanced research and development. To preserve and improve its functioning, a new strategy for the future of Schengen will be tabled. The new pact on migration and asylum will be followed up with a number of proposed measures on legal migration, including a ‘talent and skills' package. Other elements include an action plan against migrant smuggling, as well as a sustainable voluntary return and reintegration strategy. The Commission will continue to strengthen the Security Union, addressing terrorism, organised crime and hybrid threats. It will also present a comprehensive strategy on combating antisemitism.

  1. A new push for European democracy

To build a union of equality, the Commission will present new strategies on rights of the child and for persons with disabilities, as well as a proposal to combat gender-based violence. It will also propose to extend the list of euro-crimes to include all forms of hate crime and hate speech. The Commission will propose clearer rules on the financing of European political parties and take action to protect journalists and civil society against abusive litigation. A long-term vision for rural areas will propose actions to harness the full potential of these regions.

Given the long-term and transformative nature of the initiatives planned, it is more important than ever to legislate in the most impactful way and with the future in mind. The upcoming Communication on Better Regulation will renew this emphasis. It will focus on simplification and burden reduction, notably by introducing a ‘one-in-one-out' approach. The Fit for Future Platform will support the Commission in this ambition, particularly needed in the aftermath of the COVID-19 pandemic. To deliver on the ground, the Commission will also step up its outreach, with the Conference on the Future of Europe playing a central role.

A full list of the 44 new policy objectives under the six headline ambitions are set out in Annex 1 of the 2021 work programme.

Next steps

The Commission's 2021 work programme is the result of close co-operation with the European Parliament, member states and the EU consultative bodies. The Commission will now start discussions with the Parliament and Council to establish a list of joint priorities on which co-legislators agree to take swift action.

Background

Every year, the Commission adopts a work programme setting out the list of actions it will take in the coming twelve months. The work programme informs the public and the co-legislators of our political commitments to present new initiatives, withdraw pending proposals and review existing EU legislation. It does not cover the ongoing work of the Commission to implement its role as Guardian of the Treaties and enforce existing legislation or the regular initiatives that the Commission adopts every year.

The 2021 Commission work programme is closely linked to the recovery plan for Europe, with the NextGenerationEU recovery instrument and a reinforced EU budget for 2021-2027. The Recovery and Resilience Facility will channel an unprecedented €672.5 billion of grants and loans in the crucial first year of recovery. Meanwhile, Member States are drawing up recovery and resilience plans that set out reforms and investments aligned with the EU green and digital policy objectives: with a minimum 37% of green transition expenditure, and a minimum 20% related to digital. To repay the funds raised under NextGenerationEU, the Commission will put forward proposals for new own resources starting with a revised Emission Trading System, a Carbon Border Adjustment Mechanism and a digital levy.

More information

2021 Commission work programme, annexes and factsheets

Adjusted 2020 Commission work programme

Recovery plan for Europe

A European Green Deal

Shaping Europe's digital future

 

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Brexit

EU says Britain must respect withdrawal pact, deal or no deal

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Inter-institutional Relations and Foresight Commissioner Maros Sefcovic addresses lawmakers during a plenary session of Work Programme 2021 at the European Parliament in Brussels. Francisco Seco/Pool via REUTERS/File Photo

Britain must implement the Withdrawal Agreement on its exit from the European Union, regardless of the outcome of ongoing trade talks between the two sides, a senior European commissioner said on Wednesday (21 October), writes Kate Abnett.

“Deal or no deal, the Withdrawal Agreement must be respected,” European Commission Vice President Maros Sefcovic (pictured) told the European Parliament.

Sefcovic said the EU is committed to reaching a deal on the trade agreement and other aspects of their future relationship, but that the two sides remain “far apart” on the issues of fisheries and the so-called level playing field of fair competition.

“Our objective is still to reach an agreement that will pave the way for a new fruitful relationship between the EU and UK. We will continue to work for such an agreement, but not at any price,” he said.

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