Council of the
European Union
Brussels, 4 February 2022
(OR. fr)
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FREMP 23
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POLGEN 8
NOTE
From:
General Secretariat of the Council
To:
Permanent Representatives Committee/Council
Subject:
Rule of Law in Poland - Article 7(1) TEU Reasoned Proposal - scope of the
hearing of Poland on 22 February 2022
1.
On 20 December 2017, the Commission adopted a reasoned proposal with regard to the
rule of law situation in Poland which it submitted to the Council, thus triggering the
mechanism set out in Article 7(1) TEU
1.
2.
The provisional agenda for the Council meeting (General Affairs) on 22 February 2022
includes an item ʻRule of Law in Poland/Article 7(1) TEU Reasoned Proposal - Hearing
of Poland in accordance with Article 7(1) TEUʼ.
3.
On 18 July 2019, the Council approved standard modalities for hearings referred to in
Article 7(1) TEU
2. These modalities set out that the substantive scope of the issues to be
covered by a hearing shall be agreed by Coreper in keeping with the scope of the issues
raised in the Reasoned Proposal triggering the procedure of Article 7(1) TEU.
1
16007/17.
2
10641/2/19 REV 2.
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4.
Poland was heard by the Council four times: on 26 June, 18 September, 11 December
2018 and 22 June 2021.
5.
In view of the time that has elapsed since the latest hearing of Poland and that
significant developments may have taken place, it is suggested that the fifth hearing of
Poland on 22 February 2022 covers all the issues raised in the Reasoned Proposal of the
Commission, in order for the Council to receive an up-to-date picture of the situation in
the Member State in question.
6.
In view of the above, Coreper is invited to agree that the issues to be covered by the
hearing of Poland on 22 February 2022 will be all those raised by the Reasoned
Proposal of the Commission (16007/17).
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