Poland took new steps this morning towards a possible exit from the Union. Instead of recognizing the primacy of European law over national law, Prime Minister Mateusz Morawiecki lashed out at Brussels. That itself undermines democracy and commits ‘financial blackmail’ to get countries that want to do something about it back in line.
Brussels had hoped for a reasonable conversation with Morawiecki to avoid a head-on clash at a summit of heads of state and government later this week, but instead the Polish prime minister flew into it. “The highest right of the Polish Republic is the Constitution. Nothing beats that,” said Morawiecki, who advocated ‘constitutional pluralism’ in a debate in the European Parliament. European citizens, he said, will not continue to allow them to be governed “from ivory towers in Luxembourg” (where the European Court sits) and by a Commission in Brussels “which decides what is right for all of us”.
In a much kinder tone, but with an equally hard underline, Commission President von der Leyen countered that Europe can only function if all 450 million Europeans have the same rights. “The rule of law is the glue that holds our Union together, the foundation of our unity.” She recalled that all Member States recognized the primacy of European law upon accession. “That is what they have promised as sovereign countries, we will not allow our common values to be compromised.” For Europe to function, citizens in Gdansk must have the same rights and legal protection as citizens in Grenoble, said the Commission President.
Citizens in Gdansk should have the same rights as citizens in Grenoble
Von der Leyen then listed the options she has to get Poland back into line: an infringement procedure in the European court, but also sanctions: deprivation of voting rights in the council or withholding of the 36 billion recovery aid that is on the shelf for Poland. lying down. That is what Morawiecki calls ‘financial blackmail’.
Today in Luxembourg the EU ministers of European Affairs are also discussing the problem with Poland, later this week perhaps the heads of state and government. Merkel and Macron in particular, along with EU President Michel, had wanted to avoid the subject even appearing on the agenda, but Morawiecki’s position this morning makes that no longer possible.
‘A direct attack on the foundations of the Union’
Warsaw and Poland have been at loggerheads for years, first over the unfounded dismissal of judges and the appointment of loyalist successors in their place, then over curtailment of media freedom and discrimination against minority groups. The ruling of the Polish Constitutional Court that European laws are subordinate to Polish, and thus European judges also to Polish judges, was the proverbial last straw for Brussels. Von der Leyen, with the full support of Parliament, this morning called that “a direct attack on the foundations of the Union”.
Blood from under the nails
Morawiecki had already tricked her with a long list of problems that, according to him, Brussels cannot get a grip on: the increased cost of living, the pandemic, rising government debts, the climate, the energy crisis and even migration (because of more Poles blocked). He also outlined the contours of what he believed to be a better Europe: without tax havens, expanded to include the Western Balkans, and with a strong European defence, embedded in NATO.
He had also wanted to speak about the importance of diversity and mutual respect in a Union of sovereign countries, but was unable to do so because his speaking time had run out. “Maybe”, snarled Groen party leader Ska Keller, “we should give him a few more minutes.” Most group leaders warned Morawiecki that he is dangerous and ultimately jeopardizing Poland’s EU membership. The Liberal Group, through Malik Azmani, called on the Commission and Council (the Member States) to stop procrastinating and, first of all, to take away Poland’s voting rights in Brussels.
Morawiecki himself repeatedly said that Poland does not want to leave the EU. He acknowledged that EU membership has brought many benefits to Poland, but vice versa Poland has also benefited from the Union. “Our business community took off, but so did companies in Germany, the Netherlands and other countries.” He did not clarify how he thinks he can keep Poland in the Union without recognizing European legal rules. EPP party chairman Weber: “All you are doing is sowing discord in the Union, playing into the hands of people that we certainly do not want.”
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