The Prime Minister of Poland, Mateusz Morawiecki, appeared this October 19 before the European Parliament to respond to a recent ruling by the Constitutional Court of his country that ruled that parts of the EU treaties are “incompatible” with the Polish Constitution, for what the latter takes precedence. The ruling has triggered a dispute within the European Union, which threatens to withhold funds. Many fear that it is the first step to a “Polexit”.
Head-on clash between Poland and the European Union. The European Parliament starred in an intense debate this Tuesday, October 19, after the ruling of the Constitutional Court in Warsaw that dynamited one of the fundamental pillars of the EU: the primacy of community law over national law.
The highlight of the session in the European Parliament was a face to face between the President of the European Commission (EC) Ursula Von der Leyen and the Polish Prime Minister, Mateusz Morawiecki, who answered a series of questions from the representatives of the 27 countries of the community bloc.
The prime minister defended the position of his country’s court, but also accused the EU of “blackmail”, stating that “it is unacceptable to talk about economic sanctions (…) I will not accept politicians who want to blackmail and threaten Poland”, Held.
His remarks came after the intervention of Von der Leyen, who threatened to withhold payment of European funds allocated to Poland in the current budget, as well as loans requested by Warsaw for post-pandemic economic recovery.
The former German defense minister sent a strong message to Morawiecki.
“The European Commission will act (…) we will not tolerate putting our common values at risk. The European Commission is currently carefully evaluating this judgment. But I can already tell you: I am deeply concerned, “she said.
When they joined, the Polish people put their trust in the EU.
They expected the EU to defend their rights. And rightly so.
The @EU_Commission protects the rights of EU citizens, wherever they live in our Union.
This is its duty. pic.twitter.com/936Aw86ZJb
– Ursula von der Leyen (@vonderleyen) October 19, 2021
Warsaw faces wide criticism from several member states, including France and Germany. The German deputy and head of the conservative bloc European People’s Party (EPP) in the European Parliament, Manfred Weber, asked the Polish government to adhere to the rules of the bloc.
“It cannot be that money is accepted while the principles behind it, the ideas behind it, our order in the European house, are no longer respected,” Weber reproached.
The keys to the dispute between Poland and the EU
The unprecedented struggle between Brussels and Warsaw dates back to October 7, when the Constitutional Court of Poland ruled that some laws of the European Union are “incompatible” with the country’s Constitution and that the latter takes priority.
The ruling has been seen in Brussels as a declaration of legal war against one of the fundamental pillars of the EU, the primacy of European treaties over national ones.
It is a direct challenge to the unity of the European legal order
The functioning of the union of the 27 countries depends on these principles, from the internal market to cross-border judicial cooperation, among others.
“This ruling calls into question the foundations of the European Union. It is a direct challenge to the unity of the European legal order,” confirmed Von der Leyen during his speech before the European Parliament.
However, the fight has other antecedents. The Polish government, led by the conservative Law and Justice party, has been in conflict with EU officials since taking power in 2015.
The differences revolve mainly around changes in the national judicial system that give the ruling party more power over the courts. Polish authorities say they seek to reform a corrupt and inefficient justice system, but the European Commission believes the changes erode the nation’s democratic system of checks and balances.
In Brussels there have also been voices of rejection of the restrictions on abortion on Polish soil.
Last March, the Court of Justice of the European Union (ECJ) had already indicated that the EU can force member states to ignore certain provisions of national law, including constitutional law.
What actions could the EU take against Poland?
As stated on October 19 by Von der Leyen, a first option would be to declare an infringement, an action with which the European Commission legally challenges the ruling of a national court, which could lead to fines.
Another possibility outlined by the President of the EC is the application of Article 7 of the European Union treaties. By virtue of this, the powers of the Member States, including the right to vote on the bloc’s decisions, can be suspended on the grounds that the fundamental values of the EU have been violated.
But the eventuality that already generates a strong confrontation is to resort to the conditionality mechanism with which Brussels would withhold funds from Warsaw.
The EU could even block Poland’s access to EU grants for structural and development projects in the 2021-2027 budget for around € 70 billion.
In addition, Poland has requested € 23 billion in grants and € 12 billion in post-pandemic recovery loans. The president of the Commission has made it clear that any money would come with certain conditions, something that Morawiecki rejects.
However, the eventual retaliation measures would not stop there. In the past Poland, along with Hungary, have threatened to use their veto power to block key EU legislation on key issues such as climate change and migration.
A “Polexit” in sight?
The European Union does not have any legal mechanism to expel a member state. In other words, for Poland to leave the bloc, as happened with the United Kingdom, the withdrawal would have to come from Warsaw.
In recent days, hundreds of people on Polish territory have protested against what they call a possible “Polexit”.
However, the country’s prime minister denied that this is the intention of his government. “We should not spread more lies about Poland’s exit from the EU,” he said.
However, some Poles still fear that this may change. They are concerned that if new EU funds are withheld from Poland over disputes over the rule of law, their nation may conclude that it no longer benefits from belonging to the bloc.
At the moment, the idea seems far-fetched, as EU membership in Poland is extremely popular, with polls showing that more than 80% of citizens are in favor of being in the union.
When Poland joined the EU in 2004, Poles gained new freedoms to travel and work in any of the 27 countries and an economic transformation was set in motion that has benefited millions of people.
With Reuters, AP, EFE and local media
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