Brussels, 16 May 2024
Chair: Hadja Lahbib, Minister of Foreign and European Affairs of Belgium
The meeting will begin at 9.45. The Council will take stock of developments regarding the Article 7(1) TEU procedure concerning Poland. As part of the annual rule of law dialogue, it will hold a country-specific discussion. Ministers will start preparations for the European Council meeting on 27 and 28 June 2024 by discussing an annotated draft agenda. Over an informal breakfast, they will exchange views with Moldova’s Deputy Prime Minister for European Integration Cristina Gherasimov. In the margins of the meeting, there will also be a working lunch of the “Ministers for the Future” with Executive Vice-President Šefčovič.
Article 7 procedure concerning Poland
As part of the Article 7(1) TEU procedure, the Council will take stock of developments regarding the rule of law in Poland.
Ministers last discussed the issue on 20 February 2024, when the Polish government presented to the Council its Action Plan on Rule of Law in Poland, aimed at addressing the rule of law concerns raised under Article 7(1) TEU to allow this procedure to be closed. During the exchange of views, ministers welcomed the reform plan and the commitment of the Polish government to address all the issues raised.
On 6 May 2024, the Commission sent a letter to the Council informing it of its assessment that there is no longer a clear risk of a serious breach of the rule of law in Poland within the meaning of Article 7(1) TEU. It therefore announced its intention to withdraw its reasoned proposal from 2017, thereby closing the Article 7(1) TEU procedure. It invited the Council to make any observations it deems appropriate.
The Commission’s letter was accompanied by an information note outlining the steps taken and planned by the Polish government to address the concerns raised in the Commission’s 2017 reasoned proposal as regards the Constitutional Tribunal, the National Council for the Judiciary, the Supreme Court, ordinary courts, the disciplinary regime for judges and the prosecution service, as well as additional steps taken by Poland to address rule of law concerns.
At the Council meeting, Vice-President Jourová will present the Commission’s analysis to the ministers. The Polish government will update ministers on the implementation of its rule of law action plan, presented in February. Ministers will be invited to provide their comments.
The Article 7(1) TEU procedure regarding Poland was launched on 20 December 2017 when the Commission published its reasoned proposal with recommendations that the Polish authorities:
- restore the independence and legitimacy of the Constitutional Tribunal
- publish and implement fully the judgments of the Constitutional Tribunal
- amend four laws (on the Supreme Court, the Ordinary Courts Organisation, the National Council of the Judiciary and the National School for the Judiciary) in order to ensure their compliance with the requirements relating to the independence of the judiciary, the separation of powers and legal certainty
- ensure that any justice reform is prepared in close cooperation with the judiciary and all interested parties, including the Venice Commission
- refrain from any action that could undermine the legitimacy of the judiciary
Since then, the procedure has been regularly on the Council agenda and six hearings with Poland have been held.
- Commission intends to close Article 7(1) TEU procedure for Poland (Commission press release, 6 May 2024)
- General Affairs Council, 20 February 2024
- Reasoned proposal triggering the Article 7 procedure for Poland Rule of law (background information)
Annual rule of law dialogue
As part of the annual rule of law dialogue, ministers will hold a country-specific discussion. The exchange of views will focus on key developments in Cyprus, Latvia, Lithuania and Luxembourg.
This will be the ninth round of country-specific discussions after the ones held in November 2020, April and November 2021, April and December 2022, March and October 2023, and January 2024.
For each member state, the Commission will present the main findings of the respective country- specific chapter in its 2023 rule of law report. The member state concerned will then be asked to present key national developments and particular aspects of their national rule of law framework. This will be followed by a round of comments and questions in which other delegations can share their experiences and best practices in relation to the developments mentioned.
On this occasion, the Presidency will also give ministers a brief oral report on the discussion held in the Justice and Home Affairs Council on 5 March 2024 on ensuring the resilience of the justice system vis-à-vis threats posed by organised crime.
The country-specific discussions are part of the commitment to make the annual rule of law dialogue stronger and more structured, while fully respecting the principles of objectivity, non- discrimination, and equal treatment of all member states. The objective is to have a constructive and open exchange of comments and best practices.
The Presidency conclusions of 12 December 2023 consolidated the approach to the Council’s annual rule of law dialogue followed since 2020, including its structuring into horizontal and country-specific discussions. They also envisaged three country-specific discussions per year, each focusing on the situation in four member states.
- 2023 Rule of law report (European Commission)
- Evaluation of the Council’s rule of law dialogue – Presidency conclusions (press release, 12 December 2023
- Rule of law (background information)
June European Council
Ministers will start preparations for the European Council meeting on 27 and 28 June 2024 by discussing an annotated draft agenda.
At their meeting in June, EU leaders will address Russia’s war of aggression against Ukraine and the EU’s support to Ukraine and its people.
They will discuss issues related to security and defence, including Europe’s need to increase its overall defence readiness and capabilities and to further strengthen its defence technological and industrial base. In this context, they will review progress on mobilising more funding for the European defence industry.
The European Council will also revert to the Capital Markets Union and review progress on enhancing the Union’s competitiveness, securing its economic resilience, and developing the Single Market.
It will adopt the 2024-2029 Strategic Agenda and conclusions on a roadmap for future work on internal reforms. It will also focus on appointments for the next institutional cycle.
In the light of events, leaders may address specific foreign policy issues including the situation in the Middle East.
Any other business
1. Informal meeting of the General Affairs Council on 30 April 2024
Under ‘any other business’, the Presidency will brief ministers on follow-up to the informal meeting of the General Affairs Council on 30 April 2024, in particular the working session on upholding the rule of law in an enlarged Union.
During that working session, ministers discussed a range of recommendations on how to uphold and strengthen the rule of law, developed by the International Institute for Democracy and Electoral Assistance (International IDEA).
Informal meeting of the General Affairs Council, 29-30 April 2024 Presidency press release, 30 April 2024
Towards an Enlarged Union: Upholding the Rule of Law, International IDEA, 30 April 2024
2. Foreign interference in the run-up to the European Parliament elections
There will also be a Presidency information point on foreign interference in the run-up to the European Parliament elections.
During this period there is an increased risk for the EU to be confronted with different types of hybrid threats, such as foreign information manipulation and malign cyber activities.
After a call from the European Council to reinforce cooperation between national authorities and the EU institutions, to closely monitor and contain the risks stemming from foreign interference in the context of the elections, the Belgian presidency decided to activate the Council’s Integrated Political Crisis Response (IPCR) arrangements in information sharing mode to help the political decision-makers to get a clear picture of the risks and incidents, and contribute to preparedness and a possible EU coordinated response.
On 21 May, the Council will adopt conclusions on democratic resilience and safeguarding electoral processes from all forms of foreign interference. The aim of the conclusions is to give an overview of all the existing instruments and tools at EU level to safeguard electoral processes from foreign interference. This encompasses various coordination networks, the Hybrid and Foreign Information Manipulation and Interference (FIMI) toolboxes, the Rapid Alert System, the Code of Practice on disinformation, as well as several legislative initiatives such as the Digital Services Act and the Defense of Democracy Package.
The conclusions demonstrate that the EU and its member states are aware of the dangers of foreign interference, especially in the context of the European elections, and have taken the necessary steps to enhance preparedness and resilience in order to safeguard electoral processes from foreign interference.
Foreign interference: Presidency reinforces exchange of information ahead of the June 2024 European elections (press release, 24 April 2024)
3. EU relations with the United Kingdom
The Commission will update the Council on the latest developments in EU-UK relations, including the meetings of the Joint Committee under the Withdrawal Agreement and the Partnership Council under the Trade and Cooperation Agreement on 16 May, as well as the negotiations for an agreement in respect of Gibraltar.
Relations with the United Kingdom (European Commission) EU relations with the United Kingdom (background information)
Source – EU Council: Background brief – General Affairs Council of 21 May 2024