Von der Leyen in Warsaw: Poland needs to do more on rule of law

Poland's access to 23.9 billion euros in grants and 11.5 billion euros in cheap loans had been blocked due to a dispute over judicial independence. But on Wednesday (June 1) the Commission said it was approving Poland's recovery plan, opening the way for Warsaw to get the cash.

Nevertheless, it said that Poland would have to fulfill milestones related to judicial independence, reinstating unlawfully dismissed judges and reforming its disciplinary system, before funds could start flowing.

"It is common European money and member states and the parliament have cast in law that they have to be certain that this money is spent in line with our values and rules everywhere in our union. This is why we established a monitoring process that this money is spent wisely. And we have given ourselves the instruments to make sure that the budget is protected because in the end, it is the European citizen's money," Ursula von der Leyen told a news conference.

"And the approval of this plan is linked to clear commitments by Poland on the independence of the judiciary. First of all, the current disciplinary chamber will be abolished and replaced by an independent and impartial court established by law. Second, the disciplinary regime has to be reformed. Controversial disciplinary offenses like for example, the request to the European Court of Justice or the questioning of the status of a judge have to be removed. And third, the judges affected by the rulings of the disciplinary chamber shall have the right to have their case reviewed by the new chamber. These three commitments, taken in the form of milestones, have to be fulfilled before any payment can be made," EU Commission chief added.

A first payment would only take place when reforms were in place, she said.

"In addition, Poland must demonstrate by the end of 2023 that all unlawfully dismissed judges should by then have been reinstated. When delivered, this is progress, but we are not at the end of the road on the rule of law in Poland," von der Leyen said.

Poland rejects accusations that it has sought to politicise the judiciary, arguing that its changes aim to wipe away a residue of Communist-era influence and remove judges who see themselves as above the law.

"As part of its political struggle, our opposition distorted reality and unfortunately convinced some officials in Brussels that rule of law is in danger in Poland," Polish prime minister Mateusz Morawiecki said during a joint press conference with von der Leyen.

"We want a strong European Union but we also want a union that respects the law of sovereign states," Poland's prime minister said.

It was also said that withholding the funds at a time when more than 3.5 million refugees have crossed the border from Ukraine is unjustified.

Central to the rule of law dispute is a disciplinary chamber for judges which critics say is used as a tool of political influence.