On Monday, the European Commission announced that it would end its long-standing legal action against Poland for violations of the rule of law. The draft decision confirmed that Poland had taken steps to address concerns about judicial independence, recognizing the primacy of EU law and committing to implementing European court judgments related to the rule of law. This decision removes the possibility of Poland facing a suspension of its EU membership rights, a consequence that has never been enforced against any EU country.
The commission’s assessment of Poland’s progress will be discussed by EU member states’ European affairs ministers on May 21. Following this, the commission plans to formally withdraw the legal action. Commission President Ursula von der Leyen described this development as a new chapter for Poland, attributing the change in status to the country’s efforts in enacting reforms.
The legal proceedings against Poland were initiated in 2017 due to concerns over judicial independence under the then-incumbent government, led by the nationalist Law and Justice Party (PiS). In February, Poland’s new centrist government, headed by former European Council president Donald Tusk, proposed a reform plan that led to the commission’s decision to end the proceedings. Tusk’s coalition defeated PiS in a general election on October 15.
After presenting its reform plan, the commission reversed a 2022 decision that suspended Poland’s access to significant portions of the EU budget, including “cohesion” funds that support less-wealthy member states.