EU expresses "grave concern" over court reforms in Poland

The European Commission on Wednesday expressed "grave concern" for "the clear risks for the independence of the judiciary" in Poland, saying it will take legal action against Warsaw next week, in the wake of a series of judiciary bills being proposed.

"Recent measures taken by the Polish authorities in relation to the judicial system and the judges greatly amplify the threat to the Rule of Law," said Vice President of the Commission Frans Timmermans at a press conference following a Commission meeting.

Timmermans pointed finger at four judiciary laws: the law on the National School of Judiciary, which has already entered into force, the law on the National Council for the Judiciary and the law on the Ordinary Courts Organization, which have been adopted and await signing by the Polish president, and the law on the Supreme Court, which has been sent to a committee in the Parliament for further review.

"These laws considerably increase the systemic threat to the rule of law in Poland. Each individual law, if adopted, would seriously erode the independence of the Polish judiciary," he said.

"Polish laws raise concerns regarding their compatibility with EU law. Polish courts are also Union courts as they apply EU law," said Timmermans.

He said the Commission will "have no doubt" open infringement procedure against Poland next week, and send supplementary rule of law recommendation to Warsaw.

"Our hand is still extended to Polish authorities for dialogue, but if dialogue doesn't bring results, we will use legal tools," he said, adding, "given the latest developments, we are coming very close to triggering Article 7."

Under the Article 7 of the EU treaty, a sanction mechanism is to be triggered if a member state makes "a serious and persistent breach" of the rule of Law. The member state concerned faces suspension of certain rights, including subject voting rights in the council of the EU.

The Article 7 has so far not been used.

On July 12, the Polish parliament adopted two bills which opposition said would politicize the judiciary and further subordinate it to the executive -- namely to justice minister Zbigniew Ziobro.

The law on the Ordinary Courts Organization will allow Ziobro to exchange all common court presidents without specifying a reason.

The law on the National Council for the Judiciary gives the parliament, in which the ruling Law and Justice Party has a majority, the power to select the 15 judges-members in the National Council of the Judiciary.

The Polish government's judicial reform, creeping since late 2015 when the Law and Justice Party took power, has drawn criticism from the EU, which has sent Warsaw several warnings since then.