The closure of the Article 7(1) TEU procedure against Poland: The weight of intentions and the risk to common values in the twilight of illiberalism

This commentary reflects on what can be understood as the twilight of illiberalism in Poland. The new Polish parliamentary majority has declared its intention to reform the judicial system and restore its independence. The reforms are slow and arduous, particularly due to the limited availability of legitimate options and the complexity of the political landscape. Nonetheless, in May 2024, the European Commission decided to close the procedure under Article 7(1) of the Treaty on European Union against Poland. Instead of focusing on whether the closure of the Article 7(1) mechanism occurred at the right moment, this commentary places the development in the broader context of EU constitutional law. First, it reconstructs the main legal steps taken after the 2023 parliamentary elections in Poland that led to the closure of the Article 7 procedure. Next, it argues that the closure should be accompanied by a political instrument enhancing dialogue and cooperation on the reforms planned by the national government. Finally, the commentary suggests that the closure reinforces constitutional voluntarism in the EU, as the process of recovery from illiberalism has primarily been shaped by the will and intentions of the new government.