Despite efforts for a constructive dialogue for 2 years, we have concluded that there is a clear risk of a serious breach of the rule of law in #Poland
We therefore proposed to @EUCouncil to adopt a decision under #Article7 (1) of the Treaty on EU
— European Commission (@EU_Commission) December 20, 2017
Yesterday we reported that German Chancellor Angela Merkel and French President Emmanuel Macron had publicly agreed to back Article 7 proceedings against Poland for refusing to comply with EU immigration quotas and changes to its judicial system. The only thing that was missing was the official triggering of the so-called “nuclear option” Article 7.
On Wednesday morning, in a historic development – one which may herald the future fracturing of the EU – the European Commission launched an injunction against Poland for a “serious breach” of European common values and rule of law. The European Commission said it decided to take the next step in its infringement procedure against Poland for breaches of EU law by the Law on the Ordinary Courts Organisation, referring Poland to the EU Court of Justice. And while only a warning now, Article 7 could lead to sanctions and a suspension of EU voting rights.
The unprecedented measure was taken amid two-year tensions between the EU and Poland over the latter’s judicial reforms. The bloc is concerned over “a serious breach of the rule of law” in the country, saying the reforms resulted in ‘the absence of judicial independence.’ “It is up to Poland to identify its own model for its justice system, but it should do so in a way that respects the rule of law,” it said in a statement.
This post was published at Zero Hedge on Dec 20, 2017.