Following the Commission endorsement of Poland's €35.4 billion recovery and resilience plan, MEPs question Ursula von der Leyen on this decision in light of long-standing concerns and persisting problems around the rule of law in the country. Opening statements by Chrysoula ZACHAROPOULOU, French Minister of State for Development and by Ursula VON DER LEYEN, President of the European Commission.

Strasbourg

debate

plenary session

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

EU - Poland (T)

ZACHAROPOULOU, Chrysoula (Renew, FR)

VON DER LEYEN, Ursula (DE, EC)

Recovery plan for Europe (T)

The rule of law and the potential approval of the Polish national Recovery Plan (RRF): opening statements by Chrysoula ZACHAROPOULOU, French Minister of State for Development and by Ursula VON DER LEYEN, President of the European Commission

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, Thank you, President. President of the Commission, Honourable Members. Thank you for inviting the Council to this debate on shared values such as democracy, the rule of law and fundamental rights, the cornerstone of the European Union. And that applies particularly in the exceptional circumstances we are facing as a result of the military aggression undertaken by Russia against Ukraine.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, The French presidency in office of the Council has included the item of the rule of law on the agenda of the Council on a number of occasions. I was speaking in this plenary, as we have done on a number of occasions in relevant committees, so that we can address the many issues surrounding the rule of law and inform you of the actions undertaken within the Council.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, As far as Poland is concerned, on the 22nd of February, we had a hearing during the General Council under the terms of Article seven of the Treaty on that occasion. It was recalled once again the fundamental importance of fully implementing the rulings of the Court of Justice of the European Union, in particular concerning the disciplinary chamber of the Polish Supreme Court.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, We are expecting the third annual report on the rule of law from the Commission in July, and once again, I wish to compliment it for the fine work it's been doing. That report will be an important element in future debate within the Council. The Recovery and Relaunch Facility, as the EU's response to the COVID pandemic shows a clear will on Europe's part to bring about the green and digital transition.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, Unprecedented solidarity that ommitted to using these funds in a responsible, effective fashion on the basis of credible, healthy financing. I welcome the fact that the Commission has already raised more than 100 billion next generation EU funds and has given rise to a lively interest amongst international investors. The facility provides a unique opportunity to bolster the coordination of investments and reform across the European Union.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, Our purpose is, therefore, to ensure that all plans are adapted and implemented as quickly as possible. The plans must help overcome the challenges we have noted on the basis of relevant country by country recommendations, including references to the rule of law.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, All the member states have to set up systems to prevent, detect and put right any corruption and fraud or conflicts of interest and the use of funds allocated under the facility. Once a plan is adopted, each Member State concerned must ensure that the EU rules are respected, particularly the financial regulation and the regulation on the the general conditionality regime for protecting the EU budget.

SOUNDBITE (French), Chrysoula ZACHAROPOULOU, French Minister of State for Development, The Council is ready to examine the Commission's proposal on the approval of the Recovery and Resilience Plan for Poland. The Council will also continue carefully to launch, just as we do with the plans that are already being adopted, to make sure that all the rules governing this, including respect for the rule of law, are properly applied. We will continue to monitor implementation in close cooperation with the European Parliament at every stage so as to ensure that the facility is a success. Thank you for your kind attention.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, Mr. President. Madam Minister. Honourable Members. Last week the European Commission, after one year of negotiations, gave its green light to Poland's Recovery and Resilience Plan. Now Council has to decide. We just heard it. This plan will support the Polish people on their way to a more sustainable, digital and resilient future.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, This is a path we have all agreed on, but the plan will do more and that's what we are debating here today. Because as in all recovery and resilience plans, there are investments linked to reforms. The approval of this plan is linked in particular to clear commitments by the Polish government on the independence of the judiciary.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, These commitments are intended to meet the three elements that I laid out to you last October in this hemicycle, and I laid them out again last week in Warsaw. So please allow me to reiterate them. First. The current disciplinary chamber must be abolished and replaced by an independent and impartial court established by law.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, That means the new disciplinary chamber must be substantially different. That's the term the European Court of Justice has used. Substantially different from the current one to respond to the ECJ ruling. Second. The disciplinary regime has to be reformed. That means controversial disciplinary offences have to be removed. For example, the request to the ECJ. This is no more an offence. Or the questioning of the status of another judge. This cannot be any more an offence.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, And third, all judges affected by the rulings of the disciplinary chamber shall have the right to have their case reviewed by the new chamber within a clear timeframe and on the basis of the new regime, free from inappropriate offences. These are the three milestones. And let me be very clear. These three commitments translated into milestones, must be fulfilled before any payment can be made.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, I know that some of you are sceptical. But let me assure that no money will be disbursed until these reforms are undertaken, the plan is public. So a first payment will only be possible when a new law is in force that ticks all the boxes under this contract. In addition, Poland must demonstrate by the end of 2023. That all unlawfully dismissed judges have been reinstated. If this is not the case, that cannot be any further disbursement, when delivered, this is progress. But we're not at the end of the road on the rule of law in Poland.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, Agreeing to Poland's recovery plan does not stop any of the other procedures concerning the rule of law in Poland. We will continue the ongoing infringement proceedings. And we will not hesitate to start new ones if needed. The rulings of the Court of Justice concerning the disciplinary regime remain binding on Poland, and the Commission will continue to enforce the order of the court and apply the daily penalty payments until the Polish government complies.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, The milestones in our plan are a safety net to the legal procedures of the court. Honourable Members. As you see, our strategy is to use all the instruments at our disposal to address all the rule of law issues in Poland. The full implementation of the milestones will lead to solving important issues related to the disciplinary regime, as identified by the European Court of Justice. But the IRP does not replace the judgement.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, It is a safety net, as I said, for Poland's compliance with it. When we started our negotiations with the Polish government on the recovery plan in May one year ago, these commitments were not there. Our negotiations on the next generation EU triggered the necessary movement. Now the Polish Parliament is debating a new law and unlawfully dismissed judges have a clear perspective to be reinstated.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, So is everything solved? No, certainly not. But now we have movement in the right direction and leverage so that it leads to the results needed. And finally, when I visited Warsaw last week, I made it very clear. When we are talking about next generation EU, we are talking about common European money, taxpayers money.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, The European Parliament and Member States must be certain. That this money is being spent in line with our rules and our values everywhere in our Union. And we have given ourselves the instruments to make sure that the European budget is protected. Both the Parliament and the Commission have initiated Article seven procedures. The next generation EU regulation allows us to push through necessary reforms as identified in the country specific recommendations.

SOUNDBITE (English), Ursula VON DER LEYEN, President of the European Commission, This is hard work. This is a day to day struggle. This is our duty. And I call on all of us to work together in this challenging time to uphold and protect the rule of law. Thank you.