During the plenary session (14-17 September 2020) in Brussels, MEPs debate on the determination of a clear risk of a serious breach by Poland of the rule of law, and the LGBTI-free zones in Poland within the scope of the Rete Lenford case. Opening statements. This transcription speech is the result of an automatic process.

Brussels

statement

plenary session

JOUROVÁ, Věra (EC)

LÓPEZ AGUILAR, Juan Fernando (S&D, ES)

fight for the rights of lesbian, gay, bisexual, transgender and intersex people (T)

EU mechanism on democracy, the rule of law and fundamental rights (T)

EU - Poland (T)

joint debate

ANGEL, Marc (S&D, LU)

Joint debate - determination of a clear risk of a serious breach by Poland of the rule of law; and LGBTI-free zones in Poland within the scope of the Rete Lenford case: opening statements

SOUNDBITE (Original), Juan Fernando L&Oacute;PEZ AGUILAR (S&amp;D, ES), rapporteur, thank you very much. would like to speak I Spanish. in An international and supra international institutions and all of the European institutions, including the Commission and the European Parliament.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, But also also the Council of Europe, the Venice Commission, think tanks that focus on human rights in addition to the OSCE, as well as its parliamentary assembly have drafted reports, opinions and resolutions want time and time again on Poland.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, There must be a good reason. Then, because the concern that is being brought forth for the decision in Poland in that as part of the European project is slowly but surely moving away from the European values.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, And we can not accept the so real sequence of initiatives to reform the institutions and to put into place laws that have brought of the EU.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, And this is precisely why the European Parliament has put into place a process that is foreseen in Article 7 that is as a constitutional breakdown on more than one occasion of the architecture of rule of law and the protection of fundamental law. Rights in Poland.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, When it comes to democracy and rights in any member state of the European Union and in this case, this is in this case, it's the instance of Poland. Well, that undermines the entire project of the European Union and every member state of the European Union.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, A project that was meant to enshrine this concept of living together as something that is understood that that will that is also upheld by the court of Justice. This is the tenth resolution that the European Parliament has brought forth on Poland.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, Seven on Poland specifically, and three on the protection of minorities, equalities and the defence of fundamental rights in the European Union with very trenchant paragraphs on the subject and the specific Sirk circumstances in Poland.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, One last resolution, one more resolution might not seem like it will make any difference, but it is absolutely necessary. We cannot allow a situation in which European Parliament resolutions or actions of the commission are not listened to or there is a contempt of a ruling of the Court of Justice of the European Union.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, There are several paragraphs in this and we I was honoured to be the rapporteur on this resolution.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, I tried in every single instance to be extremely precise, accurate, to stick to the facts and to make sure that this is a resolution that focuses on specifically what the issues are, what the evidence is, and what the steps were in these reforms to the Constitution via the majority in the government with no one else in the Polish parliament participating in this.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, And indeed, this is a risk to. This is a risk. There is a real risk of a violation of fundamental rights. And we know that there is the case of the disciplinary extraordinary appeal disciplinary committee.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, We have focussed on the separation of powers, the judiciary, and we've seen at this that what is happening in Poland is completely different than in any other member state of the European Union.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, Where there is a case of the merger of the Ministry of Justice and the public prosecutor. And then we saw that there were four rulings from the court of Justice. They were completely held in contempt by the authorities in Poland.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, And only one was actually implemented. And that was with regard to the re retirement age of the members of the court. The resolution also focuses on other aspects, aspects related to the independence of the judiciary and the prosecutor in part in Poland.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, It focuses on pluralism and the fact that it is being reduced. It looks at fundamental rights that are also being shrunk via these legislative amendments with pressure.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, The inability to be able to take the streets in demonstration, as well as the specific limits to media and the broadcasters as well, without factoring in the opinion of the minorities. And most recently, we saw this during the election campaign.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, Another specific example is the Albi agility ie free zones that were announced by a local and regional authorities. And that is absolutely incompatible with the European Union for all of these reasons. The 75 paragraph resolution has fundamental content and I should like to make an appeal. Council commission.

SOUNDBITE (Original), Juan Fernando LÓPEZ AGUILAR (S&D, ES), rapporteur, Please make sure that you fulfil your duty. Bring forth the Article 7 procedure. This is an important message for that is completely alien to the people in Poland. In fact, Poland is at the heart of Europe and we need to be able to defend European citizens and the Polish citizens. Thank you very much, President.

SOUNDBITE (Original), Othmar KARAS, EP Vice-President, I will inform you that you used your 6 minutes' speaking time now and the speaking time on the end so I can I cannot give you the floor on the end of the debate. Our next speaker is Mark Mark Angel

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Dear commissioner dear Jourova, colleagues, I would like to thank the rapporteur, Juan Fernando Lopez Aguilar, for underlining, I am particularly happy that LGBTI rights in Poland are strongly addressed.

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, The amendments the intergroup proposed in which were adopted by the SNC rapporteur and supported before other groups specifically target the fears and the realities LGBTI persons are experiencing in Poland. summer, during the Polish Stonewall.

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Apart from cutting EU funds under the city twinning programs which we highly welcome, the commission's lack of action regarding LGBTI free zones is worrying.

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Last April, the Court of Justice of the European Union recognized in the Retta Blandford case that homophobic free zone declarations risk discriminating LGBTI persons in employment and occupation.

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Will the commission start an infringement procedure take to protect it, especially when it comes to protecting human rights defenders like the authors of the Atlas of Hate?

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Dear colleagues, we must keep in mind that attacks on the rights LGBTI people are a serious threat to fundamental rights everywhere in our union throughout the whole summer.

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Thanks to the webinars of the AGP Intergroup and of Rainbow Rose, I listened to many testimonies from Polish LGBT people. They feel neglected because of the insufficient EU action, but they still have hope and belief in a strong EU support.

SOUNDBITE (Original), Marc ANGEL (S&D, LU), rapporteur, Dear Commission. Let us not disappoint them. Thank you.

SOUNDBITE (Original), Othmar KARAS, EP Vice-President, I now like to give the floor to Commissioner Jourova.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, Mr President, Honourable Members, thank you for having included in the plenary agenda of the joint debate. Let me also say the rapporteur, Mr Lopez Aguilar, for his work on the report and also the authors of the oral question.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, I would like to take this occasion to present the key developments that have occurred since the last plenary debate on the situation in Poland. Let me start with the new legislation on the judiciary of the Twenty's December 2019, which entered into force in February this year.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The commission came to a conclusion to the conclusion that this law undermines the judicial independence of Polish judges and is incompatible as the primacy of the EU law in particular.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, it prevents Polish courts from directly applying certain provisions of EU law, protecting judicial independence, and from putting references for preliminary rulings such questions to the Court of Justice.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, For this reason, on the 28 of April 2020, the commission opened a new infringement proceeding against Poland by addressing to it a letter to a formal notice. The commission has received no reply from the Polish authorities and will soon decide on the next steps in this procedure.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, As regards the new disciplinary regime for judges in Poland upon the commission's request for interim measures on the eight of April, the European Court of Justice ruled that Poland must immediately suspend the application of national provisions concerning the powers of the disciplinary chamber of the Supreme Court.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The order applies until the court will have rendered its final judgment in the pending infringement procedure. Following this order, a judge of the disciplinary chamber referred to a legal referred legal question to the Polish Constitutional Tribunal contesting the constitutionality of treaty provisions on which the order for interim measures is based.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The referral is still pending before the Constitutional Tribunal. I would like to underline that the order of the European Court of Justice is binding.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, It takes immediate effect and must be implemented by the member state concerned basis of national laws or rulings of national courts, even on the basis of national constitutional provisions.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, Commissioner Reynders and a letter to the Polish authorities as regards the implementation of the interim measures order, expressing concerns and asking for clarifications and further information.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The commission is currently analysing the reply of Poland and the situation on the ground as regards the arrangements put in place to comply with the order.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, A further development is that the disciplinary chamber has been seised by the prosecution services in cases requesting the lifting of judicial immunity of judges for the purpose of pursuing criminal investigations, including in cases which concerned the contents of judicial decisions on the 6th of June.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The disciplinary chamber rejected such a request and it is expected to re examine this case in appeal in October. Also, other such cases have been scheduled by the disciplinary chamber.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The commission closely follows this developments as regards the situation in the Supreme Court. A number of further developments took place on the transit's of April.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The constitutional tribunal held that the resolution of the Supreme God of the Tent of the Sir January implementing the bloody Menary ruling of the Court of Justice, European Court of Justice of the 19 November 2019 was void.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, That resolution has found that judges appointed at the request of the new National Council for the Judiciary are not permitted to adjudicate cases and also invalidate it.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, All the rulings handed down by members of the disciplinary chamber as regards the appointment of the new first president of the Supreme Court. The new law on the judiciary amended the procedure for appointment following the expiration of the mandate of the previous first president on the 25th of May 2020.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The President of the Republic appointed a new first president of the Supreme Court, but it was also Lavonne developped band relating to the execution of European arrest warrants with regard to Poland.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, In the course of this year, some member states courts suspended the execution of the European Arrest Warrant due to further concerns regarding judicial independence.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, In Poland. Most recently, the Court of Amsterdam temporarily suspended the execution of two European arrest warrants to Poland, submitted to it until the European Court of Justice will have rendered its answers regarding two requests for a preliminary ruling.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, This shows that there is a real concern of mutual trust in the judiciary, which is very worrying. Finally, let me know that recently the Ministry of Justice announced that works are underway to prepare a second part of the justice reform.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, So far, no legislative proposal is on the table. While justice reforms to improve its efficiency are always welcome. The manner in which the judiciary in Poland might be further reformed should not deepen the existing rule of law concerns.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, To conclude, I regret to say that the recent developments show that the situation has not improved since the last plenary debate in February. Rule of law concerns still persist and let me stay discreetly.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The commission will use all the instruments at its disposal to address them. This includes infringements in cases of breach of EU law, but infringements are only one or two and not all the rule of law. Concerns can be addressed through infringement.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, It is therefore essential to also have an open dialogue with the Polish authorities and stakeholders since the beginning of their mandate. The commission has expressed its readiness for dialogue.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, We are open to have such a dialogue with the Polish authorities in an objective manner and with a mutual aim of solving existing problems.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The upcoming first annual Rule of Law Report covering all member states which the commission will adopt soon, can be a further basis for such dialogue.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, This report has been prepared through a transparent process was the engagement of member states based on a common methodology and in an objective manner.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, A joint effort is needed to address the rule of law matters involving all the European institutions, and the commission appreciates the continuous support of the European Parliament.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, In that respect, I also welcome that the German presidency has put on the agenda of the General Affairs Council on the 22nd of September a state of play point concerning the situation of the rule of law in Poland. We also need to reinforce our rule of law tool box by a mechanism in the framework of protecting the future EU budget.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, And the commission has made a proposal in this regard already in 2018. Honourable members, I am also grateful for the opportunity to react on your oral question on the situation on the LGBTI community in Poland.

SOUNDBITE (Original), Vera JOUROVÁ, Vice-President of the EC in charge of Values and Transparency, The commission has received numerous petitions and letters about discriminatory language, false accusations and hate speech used in Poland. We are also fully aware of