Merkel asks to find “new forms of union” to resolve the legal conflict in what is expected to be her last European summit
Dialogue or punish. Temper or tension. The leaders of the European Union came face to face with these dilemmas posed by Poland on Thursday, after its Constitutional Court has called into question the primacy of EU law. The legal conflict that began more than ten days ago and that has rescaled the dialectic of criticisms crossed between the Commission, the Government of Mateusz Morawiecki, several States and the European Parliament, forcibly entered the menu of debates at the summit that began this Thursday in Brussels.
And, predictably, it uncovered internal divisions and confirmed the obvious, that there is no direct way out of this crisis. In front of all his colleagues Morawiecki had the opportunity to explain the case. And before the meeting, he was in charge of seeking some understanding through bilaterals. The Polish prime minister held meetings with Angela Merkel, Emmanuel Macron and Pedro Sánchez, among others. And Germany, France and Spain were in favor of dialogue. The French leader defended the need to “find a solution compatible with common principles and rules.”
Merkel, in what will presumably be her last European_ Council (107 neither more nor less), appealed to the search for “new forms of union” (to resolve the dispute) because “a cascade of legal disputes” before the CJEU “is not the solution”. In his analysis he went to the heart of the matter. The collision between these two concepts about the EU: more union or more national sovereignty. He even hinted that the topic should be part of the Future of Europe debate series. Sánchez also joined the voices that demanded “a constructive and dialogue path” that will remove the EU “from this complex and difficult situation.”
And all while the European Parliament continues to press. He is preparing a lawsuit for inaction against the European_ Commission, which ‘threatens’, but is reluctant to take the step to block funds to Warsaw (and Budapest) for breaking the standards of the rule of law. This Thursday its president, David Sassoli, (absent at the high-level meeting although his statement was distributed) defended that “Democracy, freedom and the rule of law are not negotiated.”
Pressure from the European Chamber
A direct message to the jugular that coincided with a declaration approved by an unquestionable majority (502 votes in favor, 153 against and 16 abstentions) in the plenary session of Strasbourg. In it, the Polish Constitutional is described as “illegitimate” and insists on keeping the checkbook with governments that “flagrantly, deliberately and systematically violate common values.”
The basis of the problem is precisely that, that the election and removal by hand of judges and magistrates delegitimizes the Constitutional Court for Brussels. And that’s where Ursula von der Leyen sank her teeth again, asking the executives to get wet. And considering the stakes for the Berlin, Paris or Madrid dialogue tempered, there were leaders who went further. Mark Rutte entered the headquarters of the European Council seeing “very difficult” for Poland to access the Recovery Fund (36,000 million has been allocated in this way) “if it does not solve the problem.” The Luxembourgish Xavier Bettel asked “to be tough” but, at the same time, also stressed that the withdrawal of funds should be “the last resort”.
And against all of them the pillar of Visegrad. “Poland? The best country in Europe ”, Viktor Orban started before considering the possibility of imposing sanctions“ ridiculous ”. “He’s right,” stressed the Hungarian, also on target due to authoritarian drifts. For him, “a witch hunt.” It goes without saying that Morawiecki entered the Council headquarters just as he left the Strasbourg chamber on Tuesday: defending his reasons and rejecting “blackmail”.
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