The EU has launched an unprecedented probe into controversial legal changes introduced by Poland’s new right-wing government to see if they violate EU democracy rules and merit punitive measures.
The move comes amid growing concern over reforms to Poland’s constitutional court and increased control over state media adopted by the conservative, eurosceptic Law and Justice party (PiS), which swept to power in October.
“Today we have decided that the Commission will carry out a preliminary assessment on this matter under the rule of law framework,” European Commission vice-president Frans Timmermans said after a special debate on the issue.
Timmermans said that “binding rulings” by Poland’s constitutional court were not being respected by the new government, “which I believe is a serious matter in any rule of law dominated state”.
Timmermans said that he was also concerned about the new media laws in Poland which critics claim curb freedom of expression, another key EU value.
Officials said that they will be addressed during the investigation into the constitutional court, with the EU to review Poland’s answers by March.
Brussels introduced the “rule of law” mechanism in 2014, giving the 28-nation bloc the right to investigate and if necessary punish any member state which violates key EU democratic and rights norms.
If found at fault, a country can be stripped of its EU voting rights – the so-called “nuclear option” – but the rule of law procedure has not been used before and officials say they hope it does not come to that.
Polish President Andrzej Duda last week signed into law a bill allowing the government to appoint and sack senior figures in public radio.
The changes to the constitutional court sparked mass protests and opposition complaints that they threatened judicial independence.
Poland downplayed the EU investigation as a request for a “standard dialogue”.
“The European Commission simply wants a little more information about what is happening in Poland. It will be a pleasure to inform the Commission chief (Jean-Claude Juncker) and of course we invite him to Poland,” government spokesman Rafal Bochenek said in Warsaw.
The Polish government insisted meanwhile the changes are perfectly consistent with the rule of law and that Brussels should mind its own business.
“Poland has been unfairly accused of things that don’t exist in our country ... of breaking the principles of the rule of law. That’s not true. Democracy is alive and well in Poland,” Prime Minister Beata Szydlo told parliament earlier.
Timmermans said Brussels had a right to examine the situation in Poland.
“The rule of law preserved throughout the EU is a key part of the Commission’s responsibilities ... the rule of law is one of our fundamental values,” he said.
Initial reaction was mixed.
“It’s good that this is taking the path of institutional dialogue rather than the war of words we’ve seen recently,” Michal Baranowski, head of the Warsaw branch of the German Marshall Fund of the United States, told AFP. “It will help both sides really understand what the other is saying.”
Guy Verhofstadt, leader of the Liberal group in the European Parliament, took a harder line, saying that the probe sent “a clear message” to any member state tempted to bend the rules.
The European Parliament is set to debate the Polish situation on January 19.
The investigation threatens to inflame already tense relations with Poland and other eastern European countries such as Hungary who resent what they see as Brussels’ interference.
Harsh words from Brussels have been matched by tough rhetoric in Warsaw, with a Polish magazine depicting EU leaders including German Chancellor Angela Merkel in Nazi uniforms.
The split is the latest in an EU sharply divided by a host of problems ranging from Greece’s near eurozone exit to the continent’s biggest migration crisis since World War II.
Poland’s new government stands in sharp contrast to its predecessor which won friends in high places in Brussels, culminating in the appointment of former centrist Polish premier Donald Tusk to head the European Council of the 28 EU leaders.