Parliament calls on European Council to make a strong statement on the rule of law in Poland

Originally absent from the agenda of the European Council, the rule of law was finally mentioned - albeit briefly - in European President Charle Michel’s invitation letter: “We will also touch upon recent developments related to the Rule of Law during our working session.” Some European leaders were reluctant to see it added to the already extensive agenda, but others insisted that it must be discussed. 

Ahead of the Council, Polish Prime Minister Mateusz Morawiecki sent an open letter addressed to all 27 heads of government. The letter stands by the ruling of the unconstitutionally constituted Constitutional Tribunal’s ruling that the Polish Constitution has primacy over European treaties when it comes to determining the independence of national courts. 

Arriving at today’s (21 October) summit European Commission Ursula von der Leyen said: “The core question is the independence of the judiciary in Poland. This is not new, this is an ongoing process. But with the recent ruling of the Constitutional Court, this has taken a new dimension. So I'm looking forward to the discussions with the leaders. We all have to take responsibility when it comes to protecting our fundamental values.”

Irish Taoiseach Micheál Martin echoed the feeling of many EU member states who are worried abou the latest developments: “We believe the primacy of EU law and the Court of Justice is critical for the protection of citizens across Europe [...] we're extremely disappointed with developments and in how things have transpired. We believe the situation needs to be resolved in favour of the rule of law and we will be articulating our deepest concerns.”

In a resolution adopted today by the European Parliament’s plenary (502 votes for, 153 against, and 16 abstentions), MEPs agreed that the Polish Constitutional Tribunal lacks legal validity and independence, and is unqualified to interpret the country’s constitution. 

The Parliament applauded the tens of thousands of peaceful protesters in Poland, who took to the streets to protest the Tribunal’s decision, and their desire for a strong democratic Poland at the heart of the European project. 

MEPs accused the Polish prime minister of “further misusing the judiciary as a tool to achieve his political agenda” and say that Poland remains voluntarily bound by the Treaties and the case law of the EU Court.

The Parliament demands that no EU taxpayers’ money be given to governments that “flagrantly, purposefully and systematically” undermine European values, calling on the Commission and the Council to act, including: launching infringement procedures and requesting interim measures by the European Court of Justice, the triggering of the rule of law conditionality mechanism, and a joint statement following the European Council. 

MEPs stress that these actions are not intended to punish the people of Poland, but to restore the rule of law in the light of its continued deterioration, and call on the Commission to find mechanisms that would allow for funding to reach its direct beneficiaries.

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