
In December 2017 the European Commission triggered the Article 7(1) TEU procedure against Poland, finding a 'clear risk of a serious breach' of the rule of law due to the Law and Justice (PiS) government's overhaul of the judiciary, including changes to the Constitutional Tribunal, shortened mandates of sitting judges, and politically influenced appointments. It was the first time the Commission had ever invoked this mechanism.
In December 2017 the European Commission triggered the Article 7(1) TEU procedure against Poland, finding a 'clear risk of a serious breach' of the rule of law due to the Law and Justice (PiS) government's overhaul of the judiciary, including changes to the Constitutional Tribunal, shortened mandates of sitting judges, and politically influenced appointments. It was the first time the Commission had ever invoked this mechanism.
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Triggering Article 7 was the opening escalation of EU supranational accountability pressure on judicial independence.
The procedure was a countervailing response intended to check ongoing court capture, exerting downward pressure on the erosion driver.