In a resolution adopted on Thursday by 411 votes to 129, with 31 abstentions, Parliament expressed serious concern over the Commission’s approval of Poland’s 35.4 billion euro plan under the Recovery and Sustainability Mechanism (MAA).
MEPs reiterated the existing and continuing violations of the values enshrined in Article 2 of the EU Treaty, including the rule of law and the independence of the judiciary, deploring the fact that, due to the decisions of the Polish Government, has not yet reached the people of Poland.
No disbursement until compliance with EU law and values is ensured
MEPs reiterated that the rulings of the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR), as well as the supremacy of EU law, cannot be seen as a bargaining chip. They stressed that compliance with EU values is a precondition for access to the Mechanism, and that the rule of law mechanism is fully applicable in this case.
They also called on the Council to approve Poland’s plan only after it has fully complied with the provisions of the MAA Regulation on Conflict of Interest and Fraud, as well as with all country-specific recommendations of the European Semester on the rule of law. Poland still has to implement all the relevant decisions of the WEU and the ECtHR before its plan can be approved. MEPs stressed that key objectives related to the EU’s financial interests must be met before the first payment request can be made.
The Commission’s conditions are insufficient and will need to be monitored consistently
The dissolution of the illegal disciplinary body of the Supreme Court and the transfer of its duties to another section is one of the key conditions for the Commission. For this process, an even verification system should be put in place and a trial period should be set to ensure that the relevant standards are complied with.
MEPs regret that the issues concerning the illegal Constitutional Court and the illegal National Judicial Council are not being addressed in the landmarks and are calling for infringement proceedings. Finally, they recall that whether or not a country complies with the rule of law and the proper management of EU funds must be constantly assessed, including to ensure that reversals are avoided. Based on this monitoring and evaluation, the Commission should stop disbursing funds at any point in the Facility’s cycle, or should even recover them, if necessary.
Relevant information
In 2017, the Commission initiated an Article 7 procedure to address the potential risk of breach of EU values in Poland. Since then, Parliament has repeatedly called on the Council to take action and in 2020 warned of further setbacks. MEPs have repeatedly called for the activation of the conditionality mechanism to protect the EU budget from violations of the rule of law in Poland.
Source: Capital
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