European Commission hits Poland with 'nuclear option' Article 7 disciplinary procedures over the country's new 'anti-democracy' laws
- European Commission reportedly triggered what is formally known as Article 7
- Done in response to new Polish laws giving government control of the courts
- Article 7 could eventually lead to Poland losing its voting rights in the EU
The European Commission has taken an unprecedented step to suspend Poland's voting rights in the EU after two years of dispute over judicial reforms that Brussels says undermine Polish courts' independence.
The new laws give the Polish government greater control of a top court and a key judicial body, and has led to protests in Poland and tension between Warsaw and Brussels.
The Commission reportedly triggered what is formally known as Article 7, a procedure that could eventually lead to Poland losing its voting rights in the EU.
Anger: Protesters in Warsaw demonstrate against the laws which would give the Polish government greater control over the country's top court
Sometimes called the 'nuclear option', Article 7 has never been triggered against a member state before.
Poland could have its voting rights in the EU suspended, and may also see cuts in billions of euros of EU aid.
The European Commission, the guardian of EU law, will now ask the other EU governments to declare that Poland's changes to the judiciary constitute 'a clear risk of a serious breach' of EU values -- especially the rule of law.
However, it gave Warsaw, where a new prime minister took office only this month, three months to remedy the situation and said it could rescind its decision if it did so.
'The Commission has today concluded that there is a clear risk of a serious breach of the rule of law in Poland,' the Commission said in a statement.
Some thousands of protesters across Poland have been demonstrating against the new legislation, which has seen the European Commission trigger Article 7
'Judicial reforms in Poland mean that the country's judiciary is now under the political control of the ruling majority. In the absence of judicial independence, serious questions are raised about the effective application of EU law.'
Polish justice minister Zbigniew Ziobro seemed to confirm the move on Wednesday, saying he had received the decision with 'calm' and insisting that Poland is a law-abiding country.
The Commission says Poland's judicial reforms limit judges' independence, but the government rejects accusations of undemocratic behaviour.
It says its reforms, which is due to be signed into law by President Andrzej Duda in the next few weeks, are needed because courts are slow, inefficient and steeped in a communist era-mentality.
The measures affecting appointments, terms in office, and other aspects of the Supreme Court and the National Council of the Judiciary are part of a string of policy changes pursued by Poland's ruling Law and Justice party.
The laws were passed last Friday despite warnings by the EU that they go against the bloc's fundamental values.
The opposition in Poland says they violate the constitution.
Opposition Civic Platform lawmaker Bogdan Klich said the ruling party's main aim is to place loyalists at top justice bodies, to control them.
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