KK2 - EU and Poland Case study

Question 1

Laws passed by Poland

Answer 1

8 December 2017
-Poland passes legislation to enable parliament, instead of other judges, to select members of the National Judicial Council (NCJ), which appoints and promotes judges

Question 2

Reaction of the EU

Answer 2

-13 laws have been passed that put “at serious risk the independence of the judiciary and the separation of powers in Poland”
-On this date, the European Commission invoked article 7 of the EU Treaty, giving it the option to suspend Poland’s voting rights for a “serious and persistent breach” of the EU’s value of the “rule of law”

-The European Commission confirms it will withhold 35 billion Euros of COVID-19 pandemic recovery funds and 76 billion Euros of cohesion funds allocated to Poland until it reverses its judicial reforms.

Question 3

Impact on Poland’s Sovereignty

Answer 3

How do the EU’s actions impact upon Poland’s ability to “exercise effective control within its borders”?
-Economic sovereignty -The EU prevented Poland from accessing and spending funds to which it is entitled.
-Judicial sovereignty - The EU compelled Poland to reverse its judicial reforms in accordance with its own values
-Political sovereignty (stripped of their ability to vote in the EU)