On 21 December 2016, the European Commission decided to issue a second Rule of Law Recommendation. The Commission consideres that whereas some of the issues raised in its last Recommendation of 27 July 2016 have been addressed, important issues remain unresolved, and new concerns have arisen in the meantime

Details of the course of events and the stages of the Constitutional Tribunal capture crisis, supported by contemporaneous press releases, opinions, expert analyses, quoted statements of politicians. Report also includes reactions of Polish and supranational bodies and institutions. In conclusion, the crisis is assessed as violating the principles of the separation of powers and the rule of law.

On 27 July 2016 European Commission adopted a Rule of Law Recommendation on the situation in Poland, setting out the Commission’s concerns and recommending how these can be addressed. The Commission believes that there is a systemic threat to the rule of law in Poland