EU sets Poland 3-month deadline to reverse changes to top court

The European Union on Wednesday handed Poland's rightwing government a three-month deadline to reverse changes to its Constitutional Court or face sanctions for breaching EU norms on the rule of law and democracy. The move is the second step in an unprecedented procedure which could eventually see Warsaw's voting rights suspended in the Council of Ministers, the EU's highest decision-making body. "We now invite the Polish authorities to take action to solve these concerns and inform the Commission of the steps taken within three months," European Commission deputy president Frans Timmermans told reporters. Among the demands by the commission, the executive arm of the 28-nation EU, are for the Constitutional Court rulings to be published and implemented. The Polish government has refused to publish a March 9 judgement by the Constitutional Court that would strike down the changes to the body, or any rulings that have followed it. Poland's conservative Law and Justice (PiS) party swept to power late last year and immediately pushed through legislation which critics say paralysed the Constitutional Court. It has also ramped up state control over public broadcasters, further straining relations with the EU which demands that all member states meet the same rule of law and democratic norms. The United States has also voiced concern over the changes, with President Barack Obama taking up the issue with his Polish counterpart Andrzej Duda earlier this month during a visit to Warsaw. - 'Systemic threat' to rights - The commission launched an initial probe in January to see if the changes violated EU rules and warranted punitive measures. It formally warned Poland on June 1 to reverse the changes so as to remove a "systemic threat" to the rule of law and said Warsaw had still failed to address the concerns despite legislative amendments adopted last week. "This new law does not address the threats to the rule of law in Poland," said Timmermans, a former Dutch foreign minister who has been locked in a tense six-month stand-off with Warsaw. "The fundamental concerns are still unresolved," he added. Timmermans said in fact "new problematic provisions have been introduced in the legislative process" that raise concerns on how effective a constitutional review can be. He said that there were also concerns over the refusal by President Duda to swear in three judges elected legally by the preceding parliament. However, Timmermans welomed last week's amendment to allow court verdicts to pass with a simply majority rather than the two-thirds majority required under laws passed in December. - EU steps 'premature' - Poland, which is welcoming Pope Francis on his first visit to the country amid widespread concerns over the changes to the constitutional court, slammed the commission for acting before Duda had signed the legislation into law. "The steps taken by the European Commission before the new law on the constitional court enters into force are clearly premature," the foreign ministry said in a statement. "They expose the European Commission to a loss of prestige needed for carrying out the duties described in the treaties," it said. Without a satisfactory response in three months, the Commission, the European Parliament or a group of 10 member states can propose Poland be stripped of its voting rights in EU institutions if it is guilty of serious and persistent breaches of the rule of law.