The EU's new infringement procedure against Poland is problematic. Because if the Polish Constitutional Court really were what it should be, an independent court: what should the Polish government do about the judgment that is now being used as the occasion for the new proceedings? The government is actually not allowed to concede a decision by the constitutional court or to influence its future jurisdiction. Basically, the EU Commission is calling on the Polish government to do what it rightly criticizes it for: to exert political influence on the judiciary - but now in a different direction.
The Commission also justified the procedure with doubts about the independence of the Polish Constitutional Court.
In fact, since 2015 it has become an organ of the right-wing ruling party PiS;
the ruling that substantial parts of the EU treaty are incompatible with the Polish constitution is a clear example of this.
But the EU must be careful that it does not make the argument easier for the PiS and its kindred spirits in other capitals with such steps.
When Viktor Orbán began dismantling the rule of law in Hungary ten years ago, the Commission reacted too cautiously for a long time.
If it tries to make up for this failure by making a mistake, it may only worsen the damage.