MOTION FOR A RESOLUTION on the rule of law and the potential approval of the Polish national recovery plan (RRF)
7.6.2022 - (2022/2703(RSP))
pursuant to Rule 132(2) of the Rules of Procedure
Iratxe García Pérez, Eider Gardiazabal Rubial, Jonás Fernández, Juan Fernando López Aguilar
on behalf of the S&D Group
See also joint motion for a resolution RC-B9-0317/2022
B9‑0322/2022
European Parliament resolution on the rule of law and the potential approval of the Polish national recovery plan (RRF)
The European Parliament,
– having regard to Articles 2 and 7(1) of the Treaty on European Union (TEU);
– having regard to the Charter of Fundamental Rights of the European Union,
– having regard to Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility[1] (RRF Regulation),
– having regard to the Commission’s reasoned proposal of 20 December 2017 in accordance with Article 7(1) TEU regarding the rule of law in Poland: proposal for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835),
– having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland[2],
– having regard to the Commission recommendation of 23 May 2022 for a Council Recommendation on the 2022 National Reform Programme of Poland and delivering a Council opinion on the 2022 Convergence Programme of Poland (COM(2022)0622),
– having regard to its resolution of 17 September 2020 on the proposal for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law[3],
– having regard to its resolution of 16 September 2021 on media freedom and further deterioration of the rule of law in Poland[4],
– having regard to its resolution of 21 October 2021 on the rule of law crisis in Poland and the primacy of EU law[5],
– having regard to its resolution of 5 May 2022 on ongoing hearings under Article 7(1) TEU regarding Poland and Hungary[6],
– having regard to the case‑law of the Court of Justice of the EU (CJEU) and the European Court of Human Rights,
– having regard to the Commission proposal for a Council implementing decision of 1 June 2022 on the approval of the assessment of the recovery and resilience plan for Poland (COM(2022)0268),
– having regard to Rule 132(2) of its Rules of Procedure,
A. whereas the Commission proposal for a Council implementing decision on the approval of the assessment of the recovery and resilience plan for Poland was reportedly not decided unanimously, with some votes against and several Commissioners writing dissents;
B. whereas during the October 2021 plenary session, Commission President von der Leyen outlined three criteria for the approval of the Polish recovery and resilience plan: dismantling the disciplinary chamber of the supreme court; reforming the disciplinary proceedings for judges; and reinstating the judges suspended by the disciplinary chamber;
C. whereas Parliament has repeatedly called for the Commission and the Council to refrain from approving Poland’s draft recovery and resilience plan until the Government of Poland implements the judgments of the CJEU and international courts fully and properly, and to ensure that the assessment of the plan guarantees compliance with the relevant country-specific recommendations, in particular on safeguarding judicial independence;
D. whereas reforms in Poland in the field of justice are still ongoing and recent bills being put to the vote and proposals being discussed have not effectively addressed all the concerns regarding the independence of the judicial bodies and disciplinary procedures at stake; whereas several judges are still facing disciplinary procedures and/or have not been reinstated;
E. whereas Article 19 of the RRF Regulation clearly lays down the 11 criteria for the Commission to assess, notably whether the arrangements proposed by the Member State concerned are expected to prevent, detect and correct corruption, fraud and conflicts of interests when using the funds provided under the Recovery and Resilience Facility (RRF);
F. whereas in the 2022 European Semester country-specific recommendations[7], the Commission stated that the independence, efficiency and quality of the justice system are essential and that in Poland, the rule of law has deteriorated and judicial independence remains a serious concern, which has also been noted in several rulings from the CJEU and the European Court of Human Rights;
G. whereas in the 2022 European Semester country-specific recommendations, the Commission recommended that Poland take action in 2022 and 2023, inter alia, to enhance its investment climate, in particular by safeguarding judicial independence and ensuring effective public consultations and the involvement of social partners in the policymaking process;
H. whereas in accordance with Article 13(1) of the RRF Regulation, no plan adopted after 31 December 2021 is eligible for pre-financing;
1. Expresses its deep concern about the Commission’s positive assessment of Poland’s recovery and resilience plan considering the country’s existing and continued breaches of the values enshrined in Article 2 TEU, including of the rule of law and the independence of the judiciary; recalls that the existence of such breaches has been properly documented by many court judgments, positions of EU institutions, including ongoing procedures under Article 7(1) TEU, and international organisations;
2. Insists that the Council carry out a rigorous and thorough analysis of the Commission’s assessment of the national plan of Poland under the RRF and expects, notably, the three conditions for disbursing the RRF funds to Poland, as mentioned by the Commission President in October 2021, to be fulfilled;
3. Strongly urges the Council to refrain from approving the national plan of Poland under the RRF until it has fully complied with the requirements of the RRF Regulation, in particular those laid out in Article 22 thereof, notably in view of safeguarding the Union’s financial interest against conflicts of interest and fraud, and until it has implemented all European Semester country-specific recommendations in the field of the rule of law and all the relevant judgments of the CJEU and the European Court of Human Rights;
4. Notes that the milestones and targets related to the protection of the financial interests of the Union, the establishment of an adequate control system, the independence of the judiciary and the prevention, detection and fight against fraud, conflicts of interest and corruption should be fulfilled before the submission of a first payment request and recalls that no payment under the RRF can be made before their fulfilment;
5. Highlights that compliance with the rule of law and with Article 2 TEU are prerequisites to gaining access to the fund, that the rule of law conditionality mechanism is fully applicable to the RRF and that no measures should be financed under the RRF that are contrary to the EU values enshrined in Article 2 TEU; urges the Commission to monitor very carefully the risks to EU financial interests in the implementation of the RRF and any breaches or potential breaches of the principles of the rule of law and to take immediate action if the financial interests of the EU could be harmed; calls on the Commission, therefore, in accordance with the Rule of Law Conditionality Regulation[8], to be particularly strict with the Member States in ensuring that they comply with protecting the financial interests of the Union, as enshrined in Article 22 of that Regulation;
6. Recalls, furthermore, that adherence to the rule of law and the sound financial management of EU funds are to be continuously evaluated throughout the lifecycle of the RRF and that the satisfactory fulfilment of milestones and targets and the related payments presuppose that there has been no reversal of measures related to milestones and targets that have already been satisfactorily fulfilled; stresses that the Commission must refrain from disbursing funding and, where applicable, recover funds, in the event that such conditions are no longer fulfilled;
7. Recalls that the Commission, as the guardian of the Treaties, should use all tools at its disposal to ensure compliance with the values enshrined in Article 2 TEU;
8. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.
- [1] OJ L 57, 18.2.2021, p. 17.
- [2] OJ C 129, 5.4.2019, p. 13.
- [3] OJ C 385, 22.9.2021, p. 317.
- [4] OJ C 117, 11.3.2022, p. 151
- [5] OJ C 184, 5.5.2022, p. 154.
- [6] Texts adopted, P9_TA(2022)0204.
- [7] COM(2022)0622).
- [8] Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433I , 22.12.2020, p. 1.