The European Commission’s inquiry into the state of the rule of law in Poland is unnecessary as Warsaw’s recent measures overhauling the judiciary meet EU standards as well as address popular expectations, the Polish government told the commission on August 28.

The Polish response puts the ball in the commission’s court, indicating Warsaw does not intend to back down on the controversial measures that caused nationwide protests in July and prompted the commission to act. The commission hinted it might trigger the Article 7 procedure – theoretically stripping Poland of its voting rights in the EU – in response. 

At the centre of the controversy are three bills aimed at reforming the judiciary that the Polish parliament passed in July. The bills established new rules for appointing judges, overhauling the Supreme Court, and reorganising the country’s system of common courts. The legislation was widely considered the government’s attempt at putting the judiciary under the political control of the ruling Law and Justice (PiS) party.

The bills on appointing judges and on the Supreme Court were eventually vetoed by President Andrzej Duda, seemingly enraged by not being consulted by PiS on the planned legislation. The president said he would table his own versions of the bills, however. It remains unclear what Duda’s bills will contain. Duda signed the third bill – on the reorganization of the country’s common courts – into force, triggering an infringement procedure from the EU over gender discrimination in retirement regulations for male and female judges.

Duda’s halting the bulk of the reform – at least for now - did not stop the commission from maintaining a watch over Warsaw’s plans for the judiciary. The EU executive issued a recommendation on July 26 calling on Poland to reconsider its moves.

Responding to the commission’s concerns, Poland said there is no grounds for the EU executive to become involved.

“The ongoing legislative measures, whose overriding aim is to reform the judicial system, are in line with European standards and respond to many years of growing social expectations in this regard, and so they groundlessly raise the commission’s doubts,” Poland’s foreign ministry said in a statement. The actual response was not made public.

The tit-for-tat over the rule of law between Warsaw and Brussels has been under way since early 2016, when the commission first issued a recommendation on the Polish judiciary reforms, concerning the overhaul of the Constitutional Tribunal.

The Polish government’s efforts to reform the judiciary, and the consequent stand off with Brussels, could also undermine investor confidence and hamper economic growth, Moody’s warned on July 31.

For now, however, there is little to indicate such scenario is anywhere near. The Polish GDP expanded an adjusted 4.4% y/y in the second quarter, while the country’s fiscal position remains strong.