#11782. Poland’s Rule of Law Breakdown: A Five-Year Assessment of EU’s (In)Action

July 2026publication date
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Journal’s subject area:
Law;
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Abstract:
To reinstate what amounts to a “Soviet-style justice system”, authorities have repeatedly and deliberately violated the Constitution and EU law. Rather than comprehensively detailing these repeated violations, this article focuses on the EU dimension of rule of law breakdown. Regarding the Commission and the Council’s (in)action, this article argues that the Commission has systematically acted in a too little too late fashion while the Council has systematically failed to meaningfully act, with the inaction of these two EU institutions amounting, at times, to dereliction of duties. By contrast, the Court of Justice has forcefully defended judicial independence whenever an infringement case was lodged with it by the Commission. The Court of Justice’s record in preliminary ruling cases is more mixed due, in part, to the Court’s apprehension to undermine the principle of mutual trust. The article ends with a list of key lessons and recommendations which reflect the EU’s few successes and many failures highlighted in this article. It is indeed no longer a crisis the EU is facing but a total breakdown in the rule of law which, in turn, represents a threat to the interconnected legal order that underpins the EU.
Keywords:
Council of the EU; Court of Justice of the EU; European Commission; European Union; Rule of Law

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