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Central Europe
July 28, 2017 www.intellinews.com I Page 11
European Commission threatens Poland with imminent nuclear option
Wojciech Kosc in Warsaw
The European Commission threatened on July 26 that it will immediately launch the Article 7 "nu- clear option" against Poland should Warsaw push through the controversial reforms to the country's senior courts that were vetoed by the president earlier this week.
The warning came alongside an official announcement that the EU executive will launch an infringement procedure within a month unless another piece of legislation, which puts the common courts under the PiS government's control, is withdrawn. It was the only one of three judiciary bills that President Andrzej Duda Duda did not block.
The Polish parliament passed three controversial bills earlier this month, reorganising the country’s court system, setting new rules for appointing judges, and overhauling the Supreme Court. The latter bill was particularly criticised in Poland and abroad.
Warsaw and tens of other cities and towns saw rallies against the reform lasting the whole of last week. Protesters and opposition parties denounced PiS’ attempt to institute party control over the judiciary, which would undermine Poland’s system of checks and balances.
While Duda unexpectedly vetoed two out of the three bills on July 24 – the ones concerning appointment of judges and Supreme Court – the commission appears wary the bills might be put back on the table in Warsaw in a revamped form.
“In particular, the dismissal of Supreme Court judg- es will seriously aggravate the systemic threat to the rule of law. The commission, therefore, asks the Polish authorities not to take any measure to dis- miss or force the retirement of the Supreme Court judges,” the EU executive said in a statement.
The commission declared its readiness to trigger Article 7 of the EU treaty if Poland moves ahead with the reform. In theory, the launch of the Arti- cle 7 could strip Poland of its voting rights in the EU, the first such case in EU history.
The measure is monikered the "nuclear option". However, it is unlikely to be used as Hungary has pledged to veto any such move against its partner in the Central European "illiberal axis". Article 7 requires unanimous support of all other member states.
The commission issued infringement proceedings last year in connection with PiS’ efforts to take control of the Constitutional Tribunal. However, the conservative populist party shrugged that off insisting on national sovereignty, and now enjoys the favours of the court. The commission says it continues to negotiate over the issue.
Meanwhile, the commission says that the bill reorganising the Polish common court system discriminates on the basis of gender. That is due to the introduction of a different retirement age for female judges and male judges. It also gives the justice ministry too much power in appointing court presidents.