The European Union is set to discontinue the legal process concerning Poland’s rule of law

The European Union (EU) is set to abandon its legal proceedings against Poland, due to a perceived improvement in the nation’s adherence to the rule of law. Previously, the EU had voiced concerns regarding rule of law violations during the tenure of Poland’s former right-leaning Law and Justice administration.

In a statement on Monday, the European Commission revealed that a recent investigation concluded the risk of Poland violating the rule of law was no longer significant. As a result, the billions of euros previously withheld from Poland as EU funding are now being released, following the opening of disciplinary proceedings in 2017. These proceedings were associated with apprehensions around the judiciary’s politicisation by the governing party.

The Law and Justice party, known for its conservative-populist views, governed Poland from 2015 till 2023. Throughout its governance, it was accused of undermining judicial independence, infringing upon media freedom, and imposing restraints on LGBT+ rights. This led to numerous confrontations with the EU.

The disciplinary process, infamously known as the Article 7 procedure, was the EU’s first enforcement action against a member state. The current Polish Prime Minister, Donald Tusk, a pro-EU leader and former president of the European Council, is dedicated to mending the fraught relations between Poland and the EU.

Earlier this year, the EU Commission decided to release billions of euros of previously frozen funds to Poland, acknowledging the country’s progress in addressing the EU’s concerns. As a result, the first instalment of €6.3 billion in Covid-19 recovery funds was released to Poland last month.

Ursula von der Leyen, the Commission president, lauded Poland’s efforts and dubbed the discontinuation of Article 7 proceedings as the beginning of a new era for Poland. She commended the ongoing restoration of the rule of law and its implications for Poland and the EU as a whole.

An EU official noted that this decision was based on credible commitments from Poland along with numerous pieces of national legislation intending to overturn the previous government’s policies. The decision by the Commission is set for discussion at an EU ministers’ meeting, after which it is anticipated that the proceedings will be officially terminated.

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