In a significant development, Poland has informed the European Commission that it believes it has fulfilled the necessary rule-of-law conditions to access funds from the EU's structural funds. The submission of the self-assessment signifies a green light for Poland to proceed with funding applications, pending a review by the European Commission. However, the situation is still being assessed as the EU analyzes the letter submitted by the Polish authorities to determine whether Poland meets the enabling condition concerning judicial independence. The Commission has a timeframe of three months to make this assessment.

According to a statement from the European Commission, the funds are aimed at supporting Poland's efforts to reduce its reliance on Russian fossil fuels and recover from the energy crisis triggered by the Russian invasion of Ukraine in 2022. In December, Poland received the initial €5 billion of funding, which had been previously withheld due to concerns about democratic backsliding.

To unlock an additional €35 billion in grants and loans from the EU's pandemic relief program, the new Polish government is required to pass legislation that rolls back changes made to the judicial system, restoring the independence of courts. However, any changes would need to be approved by Polish President Andrzej Duda, a loyalist of the ruling Law and Justice Party (PiS), who may be hesitant to undo his party's previous legal modifications. The new government led by Donald Tusk does not presently have the parliamentary votes necessary to override a presidential veto.

Justice Minister Adam Bodnar has initiated the process by making personnel changes, removing politically compromised prosecutors and judges from their positions. However, to fully address the demands from Brussels, the government must implement a law that revamps the National Council of the Judiciary (NCJ), the body responsible for appointing new judges but that has been found to be politically compromised by European courts. Bodnar announced plans to reform the NCJ, particularly in the mode of electing its members, as the government prepares the necessary legislation.

Deputy Justice Minister Dariusz Mazur expressed hope that President Duda will be willing to collaborate in rectifying the status of the NCJ. Achieving alignment with the EU's demands is crucial for Poland to unlock the much-needed influx of funds for various structural projects. The assessment process, along with the legislative efforts to restore judicial independence, will play a pivotal role in determining Poland's eligibility for the remaining funding from the EU's pandemic relief program.