EU Gives Poland One Month Ultimatum, Threatens With "Article 7 Procedure"

The Vice-President of the European Commission, Frans Timmermans, escalated the diplomatic row between Brussels and Warsaw on Wednesday when he said that the EU was launching legal infringement proceedings and giving Warsaw a one month ultimatum over one of the recently passed reforms to Poland's court system, even as earlier in the week Poland's president Andrzej Duda vetoed two of the four controversial reforms to the judiciary.

The EU has taken issue with one particular legislation because it introduces different retirement ages for male and female judges, which the Commission claims is a breach of EU anti-discrimination law. The law would see female judges retire at 60 and males at 65. As a result, Timmermans gave Warsaw a one month ultimatum to alleviate its concerns over the rule of law before deciding on whether it would "escalate proceedings." Timmermans also said the approval of the remaining measures still undermined the independence of the country’s judges in defiance of EU law.

Brussels also sent a set of recommendations to Poland threatening that the country's voting rights could be suspended - under Article 7 of the EU treaty - if certain changes are implemented. Specifically, Polish authorities are warned not to take any measure to dismiss or force the retirement of Supreme Court judges.

“In this past week some things have changed in Poland and some have not”, said Mr Timmermans. Any move from Poland’s ruling Law And Justice Party (PiS) to force the resignation of the country’s judges would have the EU stand “immediately ready to trigger the Article 7 procedure”, added the commissioner. Invocation of Article 7 of the EU’s treaties would result in a formal warning to Warsaw – an unprecedented move that has yet to be taken against a member state government.

President Duda’s decision to block a portion of the reform bill followed mass public protests against the government’s attempt to take control of the judiciary. Of the two bills that have passed, one will hand power to Poland’s justice minister, who is also the prosecutor-general, to fire heads of the country’s lower courts. This bill has yet to be formally enacted, meaning the commission cannot start proceedings to challenge it in court. But Brussels can “pre-authorise” a challenge in the event that any of the bills is formally enacted during the commission’s summer break.

“The Commission’s hand is still extended to the Polish authorities, in the hope of a constructive dialogue”, added Mr Timmermans.

A quick overview of the EU's Article 7 procedure:

Article 7.1 of the Treaty on European Union provides for the Council, acting by a majority of four fifths of its members, to determine that there is a clear risk of a serious breach by a Member State of the common values referred to in Article 2 of the Treaty (see Annex II). The Commission can trigger this process by a reasoned proposal.




Annex II – Article 7 Treaty on European Union


1.   On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.


The Council shall regularly verify that the grounds on which such a determination was made continue to apply.


2.   The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.


3.   Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.


The obligations of the Member State in question under the Treaties shall in any case continue to be binding on that State.


4.   The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.


5.   The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.

* * *

The full European Commission press release "European Commission acts to preserve the rule of law in Poland" can be found here.


HenryKissinger… (not verified) JSBach1 Wed, 07/26/2017 - 10:57 Permalink

ALL acording to plan...nothing to see here, it is just a plan to turn europe into a future race of mongrel Jew-worshippers... check also:-KALERGI plan (miscegenation into low IQ brown mongrels) / also Hooton plan-George Soros leaks on the Merkel plan Merkel Plan Compassion and Control… Charlemagne Prize BEARERS list professional rapefugee smuggler operation… divörsity™ Lerner Spectre"I think there is a resurgence of anti-Semitism because at this point in time Europe has not yet learned how to be multicultural. And I think we are going to be part of the throes of that transformation, which must take place. Europe is not going to be the monolithic societies they once were in the last century. Jews are going to be at the centre of that. It’s a huge transformation for Europe to make. They are now going into a multicultural mode and Jews will be resented because of our leading role. But without that leading role and without that transformation, Europe will not survive." ~ Barbara Lerner Spectre"Instead of destroying European Jewry, Europe, against its own will, refined and educated this people into a future leader-nation through this artificial selection process. No wonder that this people, that escaped Ghetto-Prison, developed into a spiritual nobility of Europe. Therefore a gracious Providence provided Europe with a new race of nobility by the Grace of Spirit...The man of the future will be a mongrel.  Today’s races and classes will gradually disappear owing to the vanishing of space, time, and prejudice. The Eurasian–Negroid race of the future, similar in its outward appearance to the Ancient Egyptians, will replace the diversity of peoples with a diversity of individuals."Practical Idealism - by Richard von Coudenhove-Kalergi

In reply to by JSBach1

Vageling CuttingEdge Wed, 07/26/2017 - 11:28 Permalink

It's called treaties my friend. We (well not me, I knew from the start and voted NO!) have been had. These scumbags supersede sovereignty. Just reading the article makes me foam from the mouth. Fuck the commission! They have NO mandate from the PEOPLE! Which they openly brag about.EU is seizing all power by coup d'etat by INSTALMENTS. I never agreed to ridiculous EU values either, corrupt muppets.But this is good in the sense that the EU can't play the "oh we are so united" bullshit for all to see. We are not. The EEC was fine. The EU needs to DIE!They basically took constitution's and sovereign law hostage. Many people don't get that. EU uber alles... Grrrrr. Fuckers. Corrupt nobodies enriching themselves!Edit: And Timmermans is a fat disgrace. He cares only about himself and his stupid dogma. The fucker that has no shame and over the backs of the MH17 victims sucked his way into the commission. I hate that drama clown.

In reply to by CuttingEdge

Vageling UmbilicalMosqu… Wed, 07/26/2017 - 15:17 Permalink

I contemplated on the thought to respond. But I will. If you're American... Meh. Stupid. If European you're full retard. Hitler was on the peoples his side. But his Reich, eh? Meaning the Germans would rule and I would be speaking German now. Oh... Yes, I can understand German by the way. My point? Hitler was a stooge. Was used. The EU was not Hitlers plan! You moron! Look at the stupid froggies!

In reply to by UmbilicalMosqu…

BarkingCat Mayer Amschel … Thu, 07/27/2017 - 09:43 Permalink

The problem is that history between Imperial Russia and Poland is just as bad if not worse than the Soviet Union. Poland was partitioned between Russia Prussia and Austria Hungary.  The Russians and the Germans who were the most oppressive of the occupiers and Austria-Hungary the most benevolent.In reality the Soviet Union was more benign towards Poland then czarist Russia.Russia had a policy of Russification. This policy was not limited to Poland. It was applied to all land under their control.Little fun fact. In Belarus the independence movement use the Latin alphabet for their publications instead of the Cyrillic alphabet. This is where history is a bitch and people cannot seem to forget it and forgive.They stupidly hold on to grievances of days long passed and make each other weaker thus letting outside enemies manipulate them.This goes for both sides here.

In reply to by Mayer Amschel …

c2nnib2l Stuck on Zero Wed, 07/26/2017 - 09:31 Permalink

hahahah talks with Russia lol Poles (60-70%) are rusophobic they are like democrats they blame Russia for everything without pointing to evidence. what is more funny is the fact that Poland is the most EU loving country in EU ;) 60% of poles support EU ! PIS is a most socialist party you can imagine...the thing with not taking migrants was the only good resolution they've made apart from that they are FAR LEFT they call themselves RIGHT but make LEFT laws and regulatiosn  and taxes are skyrocketing.  (I'm polish so I know :P  

In reply to by Stuck on Zero

Haus-Targaryen Ghost of PartysOver Wed, 07/26/2017 - 09:52 Permalink

Sorry dude, the Russians screwed the Polacks harder than the Germans did.  There is no kinship between these peoples. I'd could see an Intermarium before the Polacks cozy up to either the Russians or the Germans.  I don't think it would change anyone's calculus -- but nonetheless, I think the Poles are quickly going to find themselves on their own once again. 

In reply to by Ghost of PartysOver

Haus-Targaryen rejected Wed, 07/26/2017 - 09:57 Permalink

Yes, this is the story of Poland for some 500 years now.  Poland gives the finger to the Germans. Poland gives the finger to the Russians. Poland gets invaded from both sides and split up and/or loses autonomy (as if its autonomous right now, but different story) Poland screams and plays victim.Poland gets independence SOMEHOW have some period of time. Poland gives the finger to the Germans.Poland gives the finger to the Russians ... Ever since the 15th Century.  Someone tell me it will be different this time. 

In reply to by rejected

LyLo Haus-Targaryen Wed, 07/26/2017 - 10:22 Permalink

My grandfather (Lithuanian) made a "dumb Poles" joke when I was like 10, so I had to ask him how he could group the whole culture and country together like that so unfairly (I was a good little multi-culti student at that point: thank God for people like my grandpa).  He explained it almost word for word what you wrote.  It's uncanny how similarly he put it.  Then asked how smart they could possibly be.  Again, he was Lithuanian, so it's not like he had great love for those countries either...  But who the hell does that?  And expects it to end differently every time? "A dumb pollock," in the immortal words of my beloved grandfather (who was kinda racist, but by golly wasn't stupid).Sorry, but it was so similarly worded that it made me think of it.  Hadn't thought of that moment in years, and thank you. 

In reply to by Haus-Targaryen

Haus-Targaryen LyLo Wed, 07/26/2017 - 10:39 Permalink

I mean, I *LIKE* Poland.  Beautiful country, great people, organized, efficient, really a slavic Germany if they could just get their shit together for say 100 years without getting invaded.  But they have, without a doubt the abject worst foreign policy in the entire world.  Its actually shocking how bad it is.  Perhaps some Pole on here could explain it to me.  But its the same mistake every century.  It normally starts off because they're still sore about what happened in the previous century and "This time big strong Poland will sort all this out." :-/ And then the cycle repeats itself again. What will be interesting is as Western Europe gets more and more "Islamic" will the "fuck the Germans" schtick they like to go on about subside as they see their neighbor turning into a caliphate, or will they change their tone? I have no idea, but I get the feeling in 10 years Poland will be way better of than it is today or it will no longer exist as a country. 

In reply to by LyLo

LyLo Haus-Targaryen Wed, 07/26/2017 - 11:17 Permalink

Yeah, then it will demand independence, then start doing poorly, then middle finger, then...  lolLike I said, it was just a fantastic thing that I had completely forgotten for years, and with current geopolitics takes on a new depth.And it wasn't like my grandpa disliked Poland or the Polish either.  It was just an old country joke that he was telling, based on larger cultural contexts.  Turns out, the Europeans are CRAZY racist by modern American reckoning (the closest we have is Canada jokes, but even those seem rare anymore and were usually more ideological than cultural anyways), but only against other Europeans and they're all white and so it doesn't count or something.  I don't really understand it, but it seems to make perfect sense to them. Honestly, I don't have any idea how the Western Europe thing will turn out.  I get the feeling that information on the subject available to US persons is highly charged politically and more than a little biased regardless of side posed.  There's some decent independent reporting going on, but that just isn't comparable to real critical journalism from a well funded mainstream source, and that is impossible to find on the subject.  I get the impression that this is what life was like behind the Iron Curtain: we've got some sources for information, but it's all filtered propaganda and usually just copied and pasted from source to source, and all the rest is rumor.  The internet helps, but many sources are region-locked now and it takes real effort to get anything around the blockade, and sometimes it's just too difficult and time consuming to bother as day to day needs still have to be met.Regardless, I suspect your last statement will hold true for most of the West, not just Poland: adapt or die, bitches.

In reply to by Haus-Targaryen

pizdowitz Haus-Targaryen Wed, 07/26/2017 - 11:28 Permalink

Poland has two very strong, and very polarized, political factions: the Commies and Conservatives, each calling itself morally superior to the other.US is not any different in that regard. So are practically all countries with erudite middle class. The "viscious cycles of Polish stupidity" would have been also the US historical experience, were the US geographically locked between two perpetually hungry predators : Germany and Russia.The predators again have grandiose plans to partition Poland between themselves, and at the same time kick out the US out of Europe. The Polish holdover Communists of the PO party want to help the Germans in their goals, while the PiS party wants Poland to remain a sovereign country, while counting on the alliance with US.Which side would you take?

In reply to by Haus-Targaryen

QuiteVoiceFromRussia Haus-Targaryen Wed, 07/26/2017 - 12:37 Permalink

You follow Polish narrative 'history started from 1930th'. It's hard to imagine now but Poland was bulling and invading Russia before 1930. Even at some point it was a threat of existence of Russia because of that.From Russian perspective Poles have a tendency of having giant hubris and behave irrationally. It was true 100, 200, 300, ... years ago and it's true now.

In reply to by Haus-Targaryen

QuiteVoiceFromRussia Haus-Targaryen Wed, 07/26/2017 - 12:36 Permalink

You follow Polish narrative 'history started from 1930th'. It's hard to imagine now but Poland was bulling and invading Russia before 1930. Even at some point it was a threat of existence of Russia because of that.From Russian perspective Poles have a tendency of having giant hubris and behave irrational. It was true 100, 200, 300, ... years ago and it's true now.

In reply to by Haus-Targaryen

Volkodav Haus-Targaryen Wed, 07/26/2017 - 13:31 Permalink

      firstly, better look Poland actions against Germany pre WWII      very bellicouse, murder and depredations against Germans       otherwise Soviet was not Russian Leadership      From 1917 thru Stalin was never Russians in control      Even Kruschev, Chernenko, Bresznev were Ukrainians      Poles have difficulty focus who is real enemy 

In reply to by Haus-Targaryen

shamus001 c2nnib2l Wed, 07/26/2017 - 10:17 Permalink

Isnt it Polish law that a citizen be mandated to carry a firearm? As I understand it, that is very different than the Socialist buzzing around Europe and America. How is that "Currency Union" going btw? Your leaders didnt read the fineprint that says the EU can (and will) interfere in your domestic affairs on a regular basis?Article 2: a clear and "serious" infringement on basic human rights... and somehow retiring a woman at 60 is not a gift? But a SERIOUS infringement of her HUMAN rights? (Laughs at EU clowns) I somehow think that this was agreeed upon in the mindset that people dont get run over by tanks while protesting. (China anyone?) This interferance over such a slight and NON-ISSUE reveals the EU colors... those colors of micro-control, using trade as leverage to humble and control kingdoms! They basically created the Vatican as it existed a several hundred years ago. Do AS YOUR TOLD OR YOU'LL BE EXCOMMUNICATED.

In reply to by c2nnib2l

Joe Mama 3 Stuck on Zero Wed, 07/26/2017 - 10:28 Permalink

After their treatment during the soviet occupation...... yeah right !!!!!!!  Poland just gets the shit end all around !!!!  During ww2 it was Germany, cold war, USSR, and to some extent USSA !!!!!  Poland gotta stand fo Poland !!!!!!!   I used to live in Shreveport and the eye doctor at the Pines rd Wallymart was from Poland. He told me his dad was locked up and tortured by the soviets, and he protested, and got himself locked up for a year by said soviets. He started having flashbacks or something, and started to talk very loudly, and told me, " Yeah we drink a lot in Poland, cause of the Soviets"   !!!!!

In reply to by Stuck on Zero