This is a new measure which once again reinforces tensions between the European Union on the one hand and Poland and Hungary on the other.
The Court of Justice of the European Union (CJEU) approved, Wednesday, February 16, an unprecedented mechanism to deprive European funds of countries that do not respect the rule of law.
Poland and Hungary, which had both opposed this mechanism, saw their appeals for annulment dismissed by the Court.
An announcement which did not fail to make the two countries of Eastern Europe react: the Polish Prime Minister, Mateusz Morawiecki, denounced a "widening of competences" of the EU "very disturbing and dangerous", while Hungary castigated a "political decision" linked to the law on homosexuality adopted last summer in Budapest, much criticized within the European Union.
For several years, the European Union has been concerned to see certain fundamental principles of the rule of law undermined in Poland and Hungary.
The human rights organization Amnesty International cites in particular a regression "with regard to the freedom of the media, the independence of judges, the right to demonstrate and other fundamental principles of the rule of law".
Several Member States including France, Germany and the Netherlands have, for their part, welcomed the decision of the CJEU, as have several organizations for the defense of human rights.
Among them are the Center for Reproductive Rights and the Federation for Women and Family Planning, specializing in the defense of sexual and reproductive rights and for whom "the crisis around the rule of law in Poland endangers the lives of women".
"It is extremely important that the European Union takes these kinds of measures to put as much pressure as possible on the Polish government and put an end to this very serious crisis of the rule of law", says to France 24 Leah Hoctor, director regional representative for Europe of the Center for Reproductive Rights, a global organization which notably defends access to contraception and abortion and which fights against forced sterilization and child marriage.
Leah Hoctor recalls, moreover, that "this action by the European Union aimed at withdrawing European funds from countries which do not respect the rule of law is perfectly legal".
Entering into force a year ago, the judgment of the Polish Constitutional Court which prohibits all abortion in Poland, even in the event of serious malformation of the fetus, is in the sights of many international organizations and the European Parliament.
Indeed in this country, voluntary termination of pregnancy is authorized only in cases of rape, incest or when the life or health of the mother is considered to be in danger.
>> To read also: Roberta Metsola, elected anti-abortion candidate for the presidency of the European Parliament
"In practice, however, it is almost impossible for people eligible for a legal abortion to obtain it," Amnesty International recently denounced.
This text makes Poland one of the most restrictive European countries in terms of the right to abortion.
"Women have died because of this crisis"
In this context, the Polish Constitutional Court, the highest legal body in the country, is at the heart of a long confrontation between Poland and the European Union over controversial judicial reforms introduced by the conservative nationalist and Catholic ruling party Right and Justice (PiS).
Because the Polish government is accused of asserting the primacy of Polish law over European law and the decisions of the CJEU, which is contrary to the rule of law.
The European Union also points to attacks on the independence of judges vis-à-vis the authorities, in a country where the influence of the Catholic Church is strong.
In the European Parliament, the Polish strategy is going badly.
On 15th December last, MEPs expressed their concern about Polish laws which they consider to be contrary to European values and fundamental rights.
They cited in particular "the de facto ban on abortion since October 2020 and the recent government proposal to oblige doctors to declare all pregnancies and miscarriages in a centralized register".
For her part, Leah Hoctor believes that it is "a method of monitoring all people during their pregnancy."
Therefore, this could mean, according to her, that "people who have traveled to other countries to access abortion risk sanctions".
Last November, the European Parliament also urged to ensure that in Europe "no more women die because of the restrictive abortion law".
This resolution was passed after the death of a pregnant woman, deprived of an abortion, an event that shocked Polish public opinion.
Tens of thousands of Poles gathered in Warsaw on November 6 to pay tribute to Izabela, who suffered septic shock after losing her water.
According to her family's lawyer, the young woman, aged 30, could have been saved if the doctors had been able to perform an abortion in time.
On January 25, another pregnant woman, Agnieszka T., died in hospital after doctors refused to perform an abortion.
"Women have died because of this crisis"
"Today, women are dead because of this rule of law crisis and the attacks on the independence of the judiciary. Women are paying a heavy price for the rule of law crisis", denounces Leah Hector.
The NGO is also concerned about the fate of sex education at school.
A controversial bill was passed on January 13 by the lower house of parliament.
Education Minister Przemysław Czarnek said supervisors should have the right to block any program that is "a threat to the morality of children", especially when it comes to sex education.
On February 22, the Foreign Ministers of EU countries are to meet under Article 7 of the Treaty on European Union, which offers the possibility for the EU to sanction a Member State that does not respect not its founding values.
The Center for Reproductive Rights hopes to see change in Poland.
"We call on all EU ministers attending this hearing to bring the voice of women and girls to Poland," said Leah Hoctor.
And the spokesperson added: "We would like the European Council to broaden the examination of the crisis of the rule of law to include the effects of the crisis on women, girls and children".
>> See also: Poland: the women's revolt
Regarding the new mechanism approved on Wednesday by the CJEU to enforce the rule of law, it is waiting to be activated by the European Commission.
But it wants to finalize "guidelines" before implementing it.
The initiation of such a procedure could therefore take weeks or even months.
The Article 7 procedure can go so far as to deprive a country of its right to vote in the European Council, but so far it has proved in practice impossible to carry out.
The showdown between the EU and the two eastern countries is therefore far from over, especially as Poland and Hungary have threatened to retaliate by blocking other EU decisions that require the unanimity, particularly on climate, energy and foreign policy.
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