Procedure : 2018/2541(RSP)
Document stages in plenary
Document selected : B8-0120/2018

Texts tabled :


Debates :

PV 28/02/2018 - 19
CRE 28/02/2018 - 19

Votes :

PV 01/03/2018 - 8.13
Explanations of votes

Texts adopted :

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to wind up the debate on the statement by the Commission

pursuant to Rule 123(2) of the Rules of Procedure

on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland (2018/2541(RSP))

Ryszard Antoni Legutko on behalf of the ECR Group

European Parliament resolution on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland (2018/2541(RSP))  

The European Parliament,

–  having regard to its previous resolutions on the situation of the rule of law and democracy in Poland,

–  having regard to Rule 123(2) of its Rules of Procedure,

A.  whereas the current Polish Government has a strong democratic mandate to pursue judicial reform;

B.  whereas recent reforms in Poland respond to public demand, in particular as regards lack of confidence in the judiciary, concerns about the lengthiness of proceedings, and their excessive costs not resulting in effective outcomes;

C.  whereas adherence to the rule of law is the main principle guiding the Polish Government in implementing the promised reforms;

D.  whereas, according to Article 7(1) of the Treaty on European Union (TEU), the Council and the European Council, not the Commission, are the bodies empowered to assess the clear risk of a serious breach of the rule of law;

1.   Regrets the triggering of Article 7 by the Commission; reiterates that under Article 5 TEU, which defines the principle of subsidiarity, ‘in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States’;

2.   Draws attention, in this regard, to the fact that the Commission, in its dialogue with Poland, has referred to the ongoing legislative process, thereby becoming a participant in the internal political debate, which does not facilitate impartial resolution of the dispute;

3.   Expresses its regret, once again, that by submitting its objections, the Commission often applies double standards, condemning the Polish Government for introducing solutions that are also applied in other Member States, such as different retirement ages for men and women;

4.  Underlines that there is no role for the European Parliament at this stage of the process, given that, according to Article 7(1): ‘Before making such a determination [that there is a clear risk of a serious breach of the values referred to in Article 2], the Council shall hear the Member State in question and may address recommendations to it’; stresses that Parliament, before taking any further steps, should allow this process to take place;

5.   Recalls that identifying the clear risk of a serious breach of the rule of law is a competence of the Council and the European Council, and not of the Commission;

6.   Instructs its President to forward this resolution to the Commission, the Council, the Member States, the Council of Europe and the European Commission for Democracy through Law.

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