Szmyt Andrzej, Circumstances of the Application of Article 7 par. 1 of the Treaty on European Union with Regard to the Rule of Law in Poland

1. Pursuant to art. 2 of the Treaty on European Union „The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.” The construction of the European integration has to functionally assume the existence of a protective system for shared base values. It should be primarily motivated by general objectives to persuade the Member State breaching shared values to return thereto and limit the negative impact of such a state on the action of the Union. It may be favoured by diverse measures and procedures. The linking brackets are provided by the procedure under art. 7 of the Treaty.

First of all, in compliance with art. 7 par. 1 of the Treaty, on „a reasoned proposal” by 1/3 of the...