The European Commission and Polish Civil Society – Alternative Ways to Handle the Rule of Law Procedure

When the European Commission initiated the rule of law procedure against Poland, followed by the Article 7 procedure in December 2017, it was discussed to which extent a "ralley around the flag effect" would emerge that would be counterproductive to the Commission's goals. However, there was not only protest articulated by the population that supported the Commission, also several civil society organisations and professional associations of judges became very active and lobbied the Commission to stay firm in its approach to the Polish government. They collaborated closely with the representation of the European Commission in Poland. In my contribution I will present in-depth findings from a case study on the actions of these civil society actors. This will allow me to draw inferences not only on the ability of member states to oppose democratic backsliding but also on the discussion about compliance and strategic procedural responses by European institutions.