On Monday, government spokesperson Ulrike Demmer stated that the German government will not be commenting on the announcement made by Poland’s President Andrzej Duda, that he would veto the judicial reform bills in Poland. It could, however, offer a chance for further discussions.
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The German government has repeatedly stressed "that the European Union is a community of shared values and a community of law", said the deputy government spokesperson Ulrike Demmer at the government press conference.
The European Commission will be looking at developments in Poland at its weekly meeting on Wednesday (26 July) in Brussels. Part of this will involve the legislation referred to here, regarding the future appointment of the members of Poland’s National Council of the Judiciary and the reform of the general judicial system in Poland.
Today’s veto announcement issued by the Polish President "can be a chance to rekindle talks between the Commission and Poland", stressed Ulrike Demmer.
At the weekend Federal Minister of Justice Heiko Maas warned that the independence of Poland’s judiciary was in danger. The EU cannot stand by and watch, he declared. "The law is the very foundation of the EU. It is only right that the European Commission is considering specific sanctions. A state that shows such scant respect for the rule of law must be prepared to accept political isolation." The system of mutual judicial assistance is based on the trust that the countries involved are based on the rule of law in line with the common understanding of the EU.
Last Tuesday (18 July) Chancellor Angela Merkel spoke by telephone with the Polish President about current political issues. Their conversation, which was arranged some time ago, according to federal government spokesperson Steffen Seibert, focused on the G20 summit in Hamburg and American President Donald Trump’s visit to Warsaw. Over and above this, Angela Merkel and Andrzej Duda also discussed matters relating to the rule of law, he reported.
The Polish President represents the country’s foreign policy interests at EU and NATO summits of the heads of state and government. In this respect, according to Seibert, he is more than just the representative of his state. "That is why talks have taken place on several occasions between the Federal Chancellor and President Duda", as well as with Prime Minister Beata Szydło.
Seibert further pointed out that the Federal Government is following "with great interest" the reform of the judiciary in Poland and the ongoing protests within Polish civil society. In this context, the Federal Government considers it appropriate "that the European Commission, in its dialogue with the Polish government, is also incorporating precisely these current issues."
After all, questions are at stake which fundamentally have to do with the separation of powers and the independence of the judiciary, the government spokesperson emphasized. "And these are, in our view, clearly characteristics of a state under the rule of law."
In this regard, the Chancellor had recalled the days of the Solidarność opposition trade union at her most recent meeting with the Polish Prime Minister on the occasion of the opening of the Hanover Fair in April 2017. This period taught us "how important plural societies are, how important an independent judiciary and independent media are", because all of these things were missing at the time.
The European Commission is currently carrying out investigations within the framework of the European control mechanism on the rule of law and fundamental rights in order to determine whether some major legislative changes in Poland are in accordance with the rule of law. A new procedure for nominating judges at the Polish constitutional court, as well as the modalities for the future appointment of the members of Poland’s National Council of the Judiciary (KSR) and of the Supreme Court by the government are being examined. Should a breach of fundamental rights be found by the European Commission, the member state's voting rights could, in the worst case, be suspended in accordance with article 7 of the Treaty on European Union.
The Federal Government considers it right and necessary that the European Commission should discuss these questions with the Polish government as it has done in the past months with other issues having a potential impact on the rule of law, Seibert concluded.
On Monday (17 July), Maria Adebahr, deputy spokesperson of the Federal Foreign Office, had already made it clear that the separation of powers is an "especially precious asset" in a state based on the rule of law. This is why the Federal Government supports the European Commission in its dialogue with the Polish government within the framework of the so-called "rule-of-law procedure". "We hope that the Polish side will work constructively with the Commission and implement the recommendations", she said.