Simon Coveney (Cork South Central, Fine Gael)
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Dialogue has been ongoing between the European Commission and Poland regarding the rule of law since January 2016, when the Commission initiated its rule of law process following changes introduced by the Polish Government to the functioning and composition of Poland’s Constitutional Tribunal. This is the first time that this mechanism has been used.

The Commission issued further recommendations to Poland on 27 July 2016, 21 December 2016 and 26 July 2017, following a series of further reforms introduced by the Polish Government to the country’s judicial system, including the Polish Supreme Court. On 20 December 2017, the Commission proposed to the Council to initiate proceedings under Article 7(1) of the Treaty on European Union, and adopted recommendations of actions for the Polish Government to take. Since then, further exchanges have taken place between the Commission and the Polish authorities, and the Polish Parliament has adopted a number of amendments to some aspects of the Polish Government’s changes to the country’s judicial system. However, in the Commission’s assessment, these amendments do not address the primary concerns that had been identified.

The issue was discussed a number of times at the General Affairs Council since the start of this year. However, in setting the agenda for the GAC meeting on 26 June, the Commission requested that a hearing in accordance with Article 7(1) TEU take place at that meeting. Ireland supported the Commission’s request.

This hearing took place and provided an opportunity for Member States to have a more in-depth discussion with Poland on the issue. The hearing on 26 June did not resolve this matter, with the result that the Article 7 process is ongoing.

On 2 July, the European Commission gave notice of its intention to initiate infringement procedures with regard to the law on the Polish Supreme Court. The Polish Government has been requested to respond to the Commission notice within one month. This is separate to the ongoing procedure under Article 7 (1).

The European Commission has said that it stands ready to continue the ongoing rule of law dialogue with Poland. Ireland has consistently supported the Commission in its efforts to resolve this matter, and I would encourage the Polish authorities to engage further with the Commission with a view to addressing the concerns which have been identified.

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 73 and 74 together.

Engagement with all EU Member States is a key priority for Ireland in protecting and advancing our interests at EU level. In such engagements, we raise not just issues of mutual interest but issues of concern.

There are concerns over the civic space available for NGOs to continue to operate in Hungary. These concerns have been exacerbated by the passage of legislation recently by the Hungarian Parliament aimed at individuals and organisations providing assistance to migrants and asylum seekers.

The European Commission is, in the first instance, charged with ensuring the application of the Treaties and is responsible for promoting the general interest of the Union.

Last December, the Commission announced that it was referring Hungary to the Court of Justice of the European Union in relation to inter-alia, the laws on higher education (the “Lex CEU”) and on NGOs adopted in 2017. In the case of these two issues, Hungary is considered to have failed to address EU concerns about these laws or amend the legislation to bring it in line with EU standards. These cases are likely to be heard by the Court later this year.

Notwithstanding this, it is important that Hungary and the European Commission engage on these issues and that, ultimately, a resolution may be achieved.

The Foreign Affairs Council oversees the EU's external actions and for this reason has not held formal discussions relating to the rule of law in Hungary. The General Affairs Council addresses horizontal and cross-cutting issues, including rule of law issues. For example, it is currently, at the request of the European Commission, examining the issue of the rule of law in Poland.

Our concerns about issues relating to the rule of law in Hungary are well known and were raised by the Taoiseach when he met with Prime Minister Orban on 4 January last.