The European Commission assured this Wednesday that it sees “with serious concern” the interference with the independence of the judiciary observed in Hungary and Poland. The Community Executive presented its Third Report on the Rule of Law, in which it has examined the 27 Member States and in which the Governments of Warsaw and Budapest received the biggest slap on the wrist.
Brussels has already called the attention of these two countries on numerous occasions and, until now, their governments have refused to abide by the European guidelines. He initiated proceedings against Poland for non-payment of a fine imposed by the Court of Justice of the European Union. And, in the case of Hungary, calls for the government of Viktor Orbán to carry out reforms to protect the independence of the judicial system have fallen on deaf ears.
The current report is not binding and does not imply sanctions, but the European Executive insists that the state of the rule of law is a pillar of democracy, even more so in the context of the war in Ukraine. These two countries have a lot at stake, as they depend on the go-ahead from Brussels to receive Next Generation recovery funds.
In the case of Poland, the disbursement of these funds is paralyzed, waiting for its authorities to dismantle the disciplinary regime imposed on Supreme Court judges. Among its recommendations, the EU included other measures on Tuesday, such as the need to guarantee greater independence of the Minister of Justice and the Attorney General, as well as greater autonomy from the Polish government. He also criticized the scope of the immunity of senior Polish officials, which complicates the fight against corruption.
The European Executive urges Hungary to strengthen the National Judicial Council without affecting its independence and to introduce mechanisms that protect the independence of the regulator that supervises the media. It also calls for more diligence in the fight against high-level corruption.
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