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Parliamentary questions
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14 June 2019
Answer given by Ms Jourová on behalf of the European Commission
Question reference: P-001921/2019

The Commission is following closely the situation of the rule of law in Poland, in particular the functioning of the justice system, including the prosecution service. The Commission is also aware of the case to which the Honourable Member refers.

Under the Treaty on European Union and the Treaty on the Functioning of the European Union, the Commission has no general powers to intervene in the day-to-day administration of justice in individual Member States. The adjudication in specific cases comes under the responsibility of judicial authorities of each Member State.

More in general, the Commission underlines that respect for the rule of law is a precondition for the effective application of EC law and for a business friendly environment. To invest, firms need a predictable framework that ensures that they will be treated equally by an independent judiciary.

As underlined in the 2019 Country Report for Poland adopted in the context of the European Semester, the Commission considers that the risk of a serious breach of the rule of law in Poland persists and that the situation is deteriorating as many of the contested measures are being implemented and consolidated.

As regards the ongoing infringement proceedings and the procedure under Article 7(1) of the Treaty on European Union regarding Poland, these proceedings focus on the situation of the judiciary and of the Constitutional Tribunal, which are at the heart of the systemic threat to the rule of law in Poland.

Last updated: 14 June 2019Legal notice