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The rule-of-law procedure against Poland, opened in January 2016, has painfully tested the safeguards supposed to protect the EU’s fundamental values. It is now obvious that the protective mechanisms need to be strengthened. For in their current form, tested in real life for the first time, they have not dissuaded the present Polish government, led by the nationalist Law and Justice party (Prawo i Sprawiedliwość, PiS), from seriously and continuously breaching the rules. All interested EU parties—that is, willing member states and institutions—should acknowledge this and start preparing modifications both to Article 7 of the Treaty on European Union, which includes a sanction mechanism, and to the European Commission’s Rule of Law Framework, so that the EU’s internal defences are strengthened for future needs.

Safeguarding the Rule of Law within the EU: Lessons from the Polish Experience