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The Commission substantiates its grave concerns on the planned reform of the judiciary in Poland in a Rule of Law Recommendation addressed to the Polish authorities. In the Commission's assessment, this reform amplifies the systemic threat to the rule of law in Poland already identified in the rule of law procedure started by the Commission in January 2016. The Commission requests the Polish authorities to address these problems within one month. The Commission asks the Polish authorities notably not to take any measure to dismiss or force the retirement of Supreme Court judges. If such a measure is taken, the Commission stands ready to immediately trigger the Article 7(1) procedure[1] a formal warning by the EU that can be issued by four fifths of the Member States in the Council of Ministers.

The Commission also decides to launch an infringement proceeding against Poland for breaches of EU law. The College will immediately send a Letter of Formal Notice once the Law on the Ordinary Courts Organisation is published.

At the same time, the Commission recalls its offer to pursue a constructive dialogue with the Polish Government.

President Jean-Claude Juncker said: "The Commission is determined to defend the rule of law in all our Member States as a fundamental principle on which our European Union is built. An independent judiciary is an essential precondition for membership in our Union. The EU can therefore not accept a system which allows dismissing judges at will. Independent courts are the basis of mutual trust between our Member States and our judicial systems. If the Polish government goes ahead with undermining the independence of the judiciary and the rule of law in Poland, we will have no other choice than to trigger Article 7."

First Vice-President Frans Timmermans said: "Our Recommendations to the Polish authorities are clear. It is time to restore the independence of the Constitutional Tribunal and to either withdraw the laws reforming the judiciary or bring them in line with the Polish Constitution and with European standards on judicial independence. Polish courts like the courts of all Member States are called upon to provide an effective remedy in case of violations of EU law, in which case they act as the "judges of the Union" and must comply with the requirements of the independence of the judiciary in line with the Treaty and the Charter of Fundamental Rights. We want to resolve these issues together in a constructive way. The Commission's hand remains extended to the Polish authorities for dialogue, and we welcome any steps to amend these laws in line with our Recommendations."

1. Rule of Law Recommendation

The Rule of Law Recommendation adopted today complements two previous Recommendations, adopted on 27 July and 21 December 2016, and concerns the lack of an independent and legitimate Constitutional review in Poland. As it stands, the Polish authorities have still not addressed the concerns identified in the first two Recommendations. Moreover the Polish authorities have now taken additional steps which aggravate concerns about judicial independence and significantly increase the systemic threat to the rule of law in Poland.

The Commission's Rule of Law Recommendation sent today to Poland covers four new legislative acts now adopted by thePolish Parliament which in the Commission's assessment will increase the systemic threat to the rule of law: the Law on the Supreme Court, the Law on the National Council for the Judiciary (both 'vetoed' on 24 July by the President of the Republic), the Law on the Ordinary Courts Organisation (signed by the President of the Republic on 25 July and awaiting publication and entry into force); and the Law on the National School of Judiciary (published and in force since 13 July). These Laws, in their current form, will structurally undermine the independence of the judiciary in Poland and have an immediate and very significant negative impact on the independent functioning of the judiciary.

In particular, the dismissal of Supreme Court judges will seriously aggravate the systemic threat to the rule of law. The Commission therefore asks the Polish authorities not to take any measure to dismiss or force the retirement of the Supreme Court judges. Should the Polish authorities take such measures, the Commission is ready to immediately activate the mechanism set out in Article 7(1) of the Treaty on European Union.

On the basis of its Rule of Law Recommendation, the Commission invites the Polish government to address the concerns outlined within one month and to inform the Commission of the steps taken.

2. Infringement procedure on the basis of EU law

The College of Commissioners also took a decision to prepare an infringement procedure for the possible breach of EU law. The College is ready to send a Letter of Formal Notice concerning the Law on the Ordinary Courts as soon as it is officially published. The Commission's key legal concern identified in this law relates to the discrimination on the basis of gender due to the introduction of a different retirement age for female judges (60 years) and male judges (65 years). This is contrary to Article 157 Treaty on the Functioning of the European Union (TFEU) and Directive 2006/54 on gender equality in employment. In the Letter of Formal Notice, the Commission will also raise concerns that by giving the Minister of Justice the discretionary power to prolong the mandate of judges which have reached retirement age, as well as to dismiss and appoint Court Presidents, the independence of Polish courts will be undermined (see Article 19(1) of the Treaty on European Union (TEU) in combination with Article 47 of the EU Charter of Fundamental Rights).

Next steps

The Commission's Recommendation invites the Polish Government to address the problems within one month, and to inform the Commission of the steps taken to that effect. The Commission stands ready to pursue a constructive dialogue with the Polish Government. With regards to the infringement procedure, the Commission will send the Letter of Formal Notice once the Law on the Ordinary Courts is published.

Background

The rule of law is one of the common values upon which the European Union is founded. It is enshrined in Article 2 of the Treaty on European Union. The European Commission, together with the European Parliament and the Council, is responsible under the Treaties for guaranteeing the respect of the rule of law as a fundamental value of our Union and making sure that EU law, values and principles are respected. Events in Poland led the European Commission to open a dialogue with the Polish Government in January 2016 under the Rule of Law Framework. The Framework introduced by the Commission on 11 March 2014 has three stages (see graphic in Annex 1). The entire process is based on a continuous dialogue between the Commission and the Member State concerned. The Commission keeps the European Parliament and Council regularly and closely informed.

The European Parliament has consistently supported the Commission's concerns, including in the two Resolutions of 13 April and 14 September, 2016. On 16 May 2017, the Commission informed the General Affairs Council of the situation in Poland. A very broad majority of Member States supported the Commission's role and efforts to address this issue, and called upon the Polish Government to resume the dialogue with the Commission.

A wide range of other actors at the European and international levels have expressed their deep concern about the reform of the Polish justice system: representatives of the judiciary across Europe, including the Network of Presidents of the Supreme Judicial Courts of the European Union and the European Network of Councils for the Judiciary, the Venice Commission, the Commissioner for Human Rights of the Council of Europe, the United Nations Human Rights Committee as well as numerous civil society organisations such as Amnesty International and the Human Rights and Democracy Network.

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[1]Article 7.1 of the Treaty on European Union provides for the Council, acting by a majority of four fifths of its members, to determine that there is a clear risk of a serious breach by a Member State of the common values referred to in Article 2 of the Treaty (see Annex II). The Commission can trigger this process by a reasoned proposal.

Annex I Rule of Law Framework

Annex II Article 7 Treaty on European Union

1.On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.

The Council shall regularly verify that the grounds on which such a determination was made continue to apply.

2.The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.

3.Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.

The obligations of the Member State in question under the Treaties shall in any case continue to be binding on that State.

4.The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.

5.The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.

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European Commission acts to preserve the rule of law in Poland - EU News

The European Union's top court ruled Wednesday that Islamic militant group Hamas should stay on the EU terrorist list, saying a lower court should not have ordered the group removed from the list and sending the case back to the lower court for reconsideration.

The EU originally listed Hamas as a terrorist group in 2001, a move that froze assets of the organization in the European Union. In 2014, the decision was annulled on procedural grounds by an EU court.

The EU appealed, and Wednesday's ruling by the European Union Court of Justice said that the annulment was wrong and must now be reconsidered taking into account arguments not ruled upon in the original decision. However, it added that Hamas funds will continue to be frozen pending the outcome of the reconsideration.

Neither Hamas nor Israel had an immediate reaction.

In May, Hamas issued a new policy document in a bid to rebrand itself with softer positions. In the new document, Hamas said it accepts a Palestinian state alongside Israel, a departure from the founding charter which envisioned that state in place of a defeated Israel.

At the same time, Hamas also upheld its right of armed resistance against the Israeli occupation, noting that its fight is against occupation, not Jews.

The European Jewish Congress welcomed the ruling.

The group's president, Moshe Kantor, said it "sends a clear message that those who oppose peace in the Middle East by acts of murder and terror have no place within the European Union."

In another terrorist listing case Wednesday, the court upheld a decision ordering the removal of the Sri Lankan rebel group Tamil Tigers from the terror list. The organization, formally known as the Liberation Tigers of Tamil Eelam, was put on the list in 2006, but the group was defeated by Sri Lankan forces in 2009.

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Top European Union court moves to restore Hamas' terror listing - Los Angeles Times

President Trump on Tuesday accused the European Union of "protectionist" policies and ordered the political and economic bloc to stop shielding itself from U.S. competition.

"Working on major Trade Deal with the United Kingdom. Could be very big & exciting. JOBS! The E.U. is very protectionist with the U.S. STOP!" Trump wrote on Twitter.

Working on major Trade Deal with the United Kingdom. Could be very big & exciting. JOBS! The E.U. is very protectionist with the U.S. STOP!

As a presidential candidate, Trump campaigned on leaving or renegotiating existing free-trade deals, which he has dubbed unfair to the U.S.

In his first days in office, Trump also signed an executive order effectively shutting down the country's efforts to join the Trans-Pacific Partnership a sweeping trade deal with Pacific nations negotiated under former President Obama.

Trump and British Prime Minister Theresa May, however, reaffirmed plans to complete a bilateral trade deal between their two countriesduring aGroup of Seven summit in May.

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Trump: European Union 'is very protectionist with the U.S.' | TheHill - The Hill

The new pipeline, in rough parallel to the existing Nord Stream 1, is being built to carry another 55 billion cubic meters of natural gas per year, underscoring Europes continuing need for Russian energy.

We are following the draft bill on Russia sanctions with some concern, notably because of its possible impact on the E.U.s energy independence, a European Commission spokesman, Margaritis Schinas, said on Monday.

Jean-Claude Juncker, the president of the European Commission, the blocs bureaucratic arm, has called for an urgent review of how the European Union should respond.

Brussels should be prepared to act within days if the sanctions are adopted without E.U. concerns being taken into account, argued a position paper drafted by the European Commission dated July 19. The paper said the sanctions could affect the maintenance or upgrading of existing pipelines from Russia into Ukraine and elsewhere around the Caspian Sea.

It also raised concerns that unity could be broken between the United States and the European Union on how to deal with Russia over its annexation of Crimea and its sponsorship of warfare in eastern Ukraine.

The European Union which does much more business with neighboring Russia than the United States does imposed a series of sanctions on Russia, including on specific energy companies, beginning in 2014 over its actions in Ukraine.

The new sanctions would add punishments against Russian energy, financial, rail, shipping and metals and mining sectors.

The European Commission is seeking assurances from Washington that, if passed, the new measures would not be applied in a way that affects European Union interests or energy companies. It has suggested that European law could be used to prevent the application of extraterritorial measures by the United States, and it hinted at trade retaliation.

The tensions over the potential new sanctions on Russia come on top of other recent disputes on trade issues with the Trump administration.

Mr. Juncker earlier threatened rapid retaliation in response to Mr. Trumps contemplated new punitive tariffs on steel imports, which would affect more than a dozen countries, including some in Europe. We are prepared to take up arms if need be, he said this month at the G-20 summit meeting in Hamburg.

Retaliatory targets for the bloc could include American whiskey imports. I dont want to tell you in detail what were doing, Mr. Juncker said then. But what I would like to tell you is that within a few days we wont need two months for that we could react with countermeasures.

Russia has been greeting the prospect of a new round of American sanctions with a certain coolness, waiting to see what the White House will do and expecting reciprocal action by President Vladimir V. Putin. Russian analysts have focused more on the sparring between Congress and Mr. Trump over Russia policy than on any fallout at home.

Depending on the final version of the bill, the most immediate impact is expected in the oil and gas sector, including deals involving Russian-state-run companies outside its borders, and on investments from abroad.

The sanctions bill leaves no space for compromises and cements Americas hostile policy toward Moscow for decades ahead, Ivan Timofeev, program director of the Valdai discussion club, a Kremlin effort to court Russian experts abroad, wrote on the groups website.

Russia often accuses the United States of using sanctions to further its own interests, and this time is no exception. Alexey Pushkov, a legislator and frequent commentator on international relations, wrote on Twitter: The exceptional nation wants to block Russian gas supplies to Europe and to sell expensive shale gas from the U.S. to its European servants. Thats the entire morality of Congress.

Russians appeared to be giving little credence to the idea that American anger over Russian cyberattacks during the election might be playing a role.

Mr. Trump has opposed further sanctions on Russia. The push has come from a Congress that wants to tie the presidents hands on Russia and prevent him from lifting earlier sanctions imposed by President Barack Obama over Ukraine.

That earlier round of sanctions was carefully calibrated between the United States and its European allies to keep everyone on board and preserve a united response to Russias land grab in Ukraine. Energy, which divides even European partners, was a crucial part of that calculus.

Nord Stream 2 is important for Germany. But it has been fiercely criticized by central and eastern Europeans. Donald Tusk, the president of the European Council and a former Polish prime minister, is a vocal critic of the pipeline, urging strict regulation of a project he has said would strengthen Moscow.

Steven Erlanger reported from London, and Neil MacFarquhar from Moscow.

A version of this article appears in print on July 26, 2017, on Page A11 of the New York edition with the headline: E.U. Is Uneasy, and Divided, About Tougher Measures Against Russia.

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EU Is Uneasy, and Divided, About US Sanctions on Russia - New York Times

The European Commission has pledged another $116 million to Italy to help its government manage the Mediterranean migration crisis.

Jean-Claude Juncker, president of the European Commission, said in a letter to Italian Prime Minister Paolo Gentiloni on Tuesday that he was setting up a special contact team in Brussels to coordinate with Italian authorities. The additional financial assistance the commission pledged to Italy raises by 12.5 percent the funds already allocated to Rome, to a total of over $1 billion.

Through the first half of 2017, nearly 84,000 migrants arrived in Italy by sea, 20 percent more than during the same period last year. Detention centers and temporary shelters that Italy has for migrants have reached their maximum capacity of 200,000 people, but there are many other migrants in the country working illegally.

Migrants from Nigeria, Bangladesh and Guinea account for most of those fleeing to Italy on the way to Europe.

Junker also promised to pressure Bangladesh to take back its migrants, since the vast majority of them are ineligible for international protection. He threatened to limit visas to Europe for travelers from the south Asian nation if there was no action by Dhaka.

Meanwhile, rescuers in the Mediterranean who came to the aid of a dinghy packed with migrants Tuesday discovered 13 bodies among them, including pregnant women.

"Thirteen corpses in total. People who had names, surnames, mothers, fathers, friends, and lives," Proactiva Open Arms, a Spanish NGO involved in rescues, posted on Twitter. Another 167 people were rescued alive.

A ship operated by the Save The Children group rescued some 70 migrants Tuesday who were also attempting to cross the sea in a small boat.

In other migrant news from around the world:

- The United Nations Children's Fund reported that most children fleeing Africa have no intention of going to Europe. A new study found that 75 percent of children on the move decide to leave unaccompanied. Initially they have no intention of coming to Europe, UNICEF said, but plan to find work in nearby countries.

Yet hundreds of refugee and migrant children told UNICEF in Italy that being kidnapped, arrested and held in prison in Libya, as well as witnessing violence toward other migrants, compelled them to make the risky sea crossing to Europe. At least 12,200 children arrived in Italy in the first half of the year, the U.N. agency reported, all but a few having traveled alone.

- The Dominican Republic granted a one-year extension Tuesday to 230,000 Haitian migrants trying to renew or obtain residency permits. The residency plan was created after a court ruled in 2013 that children born in the Dominican Republic to non-citizens did not qualify for automatic citizenship because their migrant parents were "in transit.''

The vast majority of those affected have been descendants of Haitian migrants. Without the extension announced on Tuesday, they could have faced deportation.

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European Union Vows More Help for Italy in Migrant Crisis - Voice of America