The conservative-nationalist governments of Poland and Hungary are opposing changes to EU laws and procedures that would obligate member states to comply with European rules for the protection of the rule of law. At a ministers’ meeting in Brussels, it became clear that the other 26 EU countries are willing to take stricter action against uncooperative member states.
Many EU countries are deeply troubled by the fact that some predominantly conservative or populist governments in Central Europe refuse to cooperate in the distribution and relocation of asylum seekers and refugees. There is also ongoing dissatisfaction with countries where the judiciary is not fully independent (Poland), where foreign interference is met with hostility (Hungary), and where corruption is insufficiently addressed (Romania, Malta).
In recent years, the European Commission has initiated a serious disciplinary procedure (Article 7) against Poland and Hungary, but these are difficult and slow processes. Moreover, the penalty (withdrawal of voting rights) is practically the heaviest and only available sanction.
Therefore, the European Commission has now proposed linking compliance to the annual EU subsidies granted to countries. If countries refuse to adhere to EU procedures, for example, their agricultural subsidies could be withheld. However, since such a new rule requires unanimity, Poland and Hungary were able to (for now) block it in Brussels yesterday.
Just earlier this week, the European Court of Justice again made a critical ruling concerning the controversial disciplinary procedure for Polish judges. The Court questions whether the disciplinary chamber established in Poland in 2017 is truly independent. According to the European Commission, it is not. The Polish disciplinary chamber (judges from the Supreme Court) is appointed by the Judicial Council, whose members are nominated by politicians from the conservative Polish PiS government.
It is essential that this council remains sufficiently independent from the government, parliament, and president, according to the judges in Luxembourg. They stressed that there must be no doubt about this. The Polish government has been attempting for some time to remove judges it disfavors. According to the European Commission, the rule of law is undermined by the political influence on the judiciary. The EU court has ruled in favor of Brussels in several previous judgments.