European leaders describe the independence of the judiciary as ‘absolutely fundamental’

While the rule of law in Poland did not appear in the conclusions of the European Council it was discussed at length yesterday (21 October), with almost all European leaders condemning the current situation and describing the independence of the judiciary as “absolutely fundamental”. 

The discussions were described as “serene” by European Council President Charles Michel who said that political dialogue should continue. However, most of the actions foreseen are for the Commission to continue with its legal actions and to prepare for possible use of the rule-of-law mechanism.  

“The rule of law is at the heart of our Union,” said von der Leyen. “We all have a stake in this crucial issue, because we know that the rule of law ensures mutual trust. It gives legal certainty throughout the European Union and it gives equality between member states and each and every citizen of the European Union.”

Von der Leyen went on to say that judicial independence was the fundamental pillar of the rule of law.  

She said that she expected Poland to comply with the European Court of Justice’s ruling that the disciplinary regime for judges had to be overhauled, and that unlawfully dismissed judges have to be reinstated, otherwise, the European Court of Justice will take further steps. 

She also outlined a parallel process linked to the recent judgement of the (unconstitutionally constituted) Polish Constitutional Tribunal that challenged the primacy of EU law. The Commission is still assessing this ruling.  

When asked about the use of the rule of law conditionality mechanism for the use of European Funds, von der Leyen said that the Commission was still setting up its guidelines and awaiting the result of the joint Hungarian and Polish challenge to the new regulation.

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