Poland has been put in the dock by its fellow EU member states in an unprecedented hearing over the country’s alleged failure to respect democratic norms.

In a move the Polish prime minister, Mateusz Morawiecki, said he deplored, France and Germany laid out the case against the country’s rightwing government during a meeting of ministers in Luxembourg.

Three hours were set aside for the process, during which the Polish government was asked to respond to a series of questions over contentious changes to the country’s judiciary.

There will be an assessment of Poland’s responses to the questions from the other 27 member states at a further meeting in July, along with a decision on the next steps, reporters were told after the hearing.

It is the first time an EU member state has been subject to a hearing over the strength of its democratic institutions. The European commission launched its rule of law procedure against Poland in December over an alleged erosion of judicial independence under the ruling Law and Justice party.

Under the terms of the so-called “nuclear option” of article 7 of the treaties, the procedure could ultimately result in Poland losing its EU voting rights, although Hungary’s rightwing prime minister, Viktor Orbán, has vowed to veto any such move.

A potential vote, requiring a qualified majority of member states, could lead to the EU taking so-called “preventative measures” against Poland, if it was agreed that the Polish government posed a systemic risk to the bloc.

The substance of those measures has yet to be spelled out, with commission sources admitting they were in unchartered territory.

The Netherlands foreign minister, Stef Blok, said in Luxembourg: “The rule of law is one of the backbones of European cooperation, and there are a number of laws in Poland that raise questions.”

Frans Timmermans, the commission’s vice president, who has repeatedly clashed with the Polish government over the issue, said: “We are in a new phase with a hearing and the inclusion of member states is extremely important.”

After the hearing, Timmermans said he had not seen any change in the Polish position during a presentation given by delegation from Warsaw.

He insisted the door for dialogue was still open for Poland, but that the EU needed to see fresh thinking. “I have not had any indication of that today,” he said.

The Polish government, which came to power in 2015, claims it was merely seeking to reform a corrupt justice system that had failed to modernise in the 30 years since the fall of communism.



A new supreme court law, coming into effect on 3 July, could force the resignation of 40% of current judges, with presidential assent being required for those who wish to stay on.

The new laws additionally created a new “extraordinary appeal” chamber within the supreme court that could reopen cases from the previous 20 years on appeal from the prosecutor general, who is also the justice minister.



Morawiecki said, however, his government had shown “goodwill and readiness for compromise” by making some amendments to its judicial reforms this year at the request of the commission.

The Polish prime minister, speaking in Warsaw, said: “Our partners don’t understand what the post-communist reality looks like. The justice system had a problem with self-cleansing.”

It is unclear how widely shared the commission’s concerns about Poland are among the EU member states.

Arriving in Luxembourg, the UK’s minister in the room, Martin Callanan, expressed the British government’s belief that the commission should not be meddling in the domestic affairs of an EU member.

Lord Callanan said: “We hope that the dialogue will continue and they will reach an agreement. We think dialogue is always best in these situations and we want to see a negotiated outcome.”

However, Luxembourg’s foreign minister, Jean Asselborn, said the defence of Europe’s democratic institutions was vital.

He said: “We are not here to judge Poland or criticise Poland. We’re here to say that in Europe, the independence of the judiciary is sacred, so everything has to be done to protect it.”