Circumstances of the Application of art. 7 par. 1 of the Treaty on European Union with Re- gard to the Rule of Law in Poland
Circumstances of the Application of art. 7 par. 1 of the Treaty on European Union with Re- gard to the Rule of Law in Poland

Summary/Abstract: Statutory changes introduced in Poland after 2015 with regard to the judiciary (the Constitutional Tribunal, common courts, the Supreme Court, as well as the National Council of the Judiciary) triggered a debate on the infringement of the rule of law in Poland and, consequently, the procedure under art. 7 par. 1 of the Treaty on European Union was initiated. The concerns of the European Commission were raised above all by two issues – the lack of an independent and lawful review of the compliance of law with the Constitution and the adoption of new statutory provisions relating to the judicial system, which has increased the threat to the independence of courts and the rule of law in Poland. The author presents in detail both the contents of art. 7 par. 1 of the Treaty and the conditions of its application, as well as the circumstances and consequences of the application of the procedure provided for therein in relation to Poland.

• Details
• Contents