The ongoing clash between Brussels and Warsaw continues to unfold as the European Commission opens a new infringement procedure against Poland. The focus is on a set of Polish laws that, in Brussels view, could affect the integrity of democratic processes. Officials warn that these measures might be used to influence elections or impede individuals from taking part in public life if they are seen as under foreign influence. The Commission stresses that the concern centers on the potential impact on the right to stand for election and on the fairness of the electoral process.
Since May 31, the European Union has emphasized core principles including democracy, the legality of actions, non retroactivity of sanctions, legal certainty, the right to effective judicial protection, and data protection as enshrined in the treaties. The decision to start the new procedure was confirmed by the commissioners and communicated by the Commission Vice-President. The notification arrived a day later, underscoring the urgency the EU places on upholding these standards.
The Commission asserts that the new law may hamper democratic processes. It argues that ongoing investigations and public inquiries risk harming the reputations of candidates and could restrict the capacity of voters and officials to assess cases fairly if there is perceived Russian influence. The Polish government contends that the legislature has clearly defined the scope of the law and argues that its description is broad and not always precise about foreign influence.
21 days for response
Brussels also criticizes provisions that would allow sanctions affecting a public official duties connected to the use of public funds for up to a decade. Sanctions would target conduct that is legally allowed at the time it occurred but is viewed later as contrary to the principle of lawfulness and non retroactivity. Decisions can only be reviewed in administrative courts, and the mechanism is framed as reinforcing legal compliance rather than reassessing factual findings and evidence used by the oversight bodies.
The Polish government, led by the conservative party, now has a three week window to answer the Brussels summons. Failure to address concerns could trigger a reasoned opinion from the European Commission, a typical step before proceeding to court action. The aim, as stated by senior EU officials, is to ensure that electoral processes remain fair and transparent and that measures taken by member states align with shared democratic values. Officials described the case as urgent and significant for the integrity of elections and the perception of impartiality within the bloc.