On the morning of Tuesday 19 October the President of the European Commission, Ursula von der Leyen, the Polish Prime Minister, Mateusz Morawiecki, and MEPs, met in Strasbourg for a five hour long discussion, without solutions for all that, on the consequences of the Polish Constitutional Tribunal’s judgment of 7 October, which called into question several articles of the European Treaties (see EUROPE 12808/1).
During this debate, MEPs called on the Commission to take swift action, notably through the conditionality of EU funds, to ensure the primacy of European law over Polish national law.
The President of the Commission was the first to speak, after a brief introduction by the Slovenian Foreign Minister. On this occasion, she reiterated her “concern” and mentioned the actions that her institution is prepared to use, from infringement proceedings and development of the procedure known as Article 7 of the Treaty, to recourse to the instrument of conditionality of European funds, or even blocking of the recovery funds.
“We have been worried for a long time”, the President said, referring to the lifting of immunity from some judges, who have sometimes been removed from office. “A series of measures have been taken, but the situation has worsened”.
“We are assessing this judgment with great caution”, but “I can tell you that I am concerned; this is the first time that a national court has said that European treaties are incompatible with national law”. A judgment that “undermines the independence of the judiciary”, but also the “protection of Polish litigants, whose rights are also called into question”, as Polish citizens should receive the same “fair and equal” treatment as other European citizens.
Recalling the impetus for freedom with the Solidarność trade union in the early 1980s and the desire of Polish society at the time to choose “its own government”, to have a “free press” and an independent judiciary, Ms von der Leyen added that these were also the values that the Poles wanted to share in 2004 by joining the Union. “They wanted to join the European family, a free Europe and a union of values”, she said, stressing that “the rule of law is the glue that binds our Union together”. “I regret that we are in this situation”, she added, saying she had “always wanted to promote dialogue”.
For his part, the Polish Prime Minister disputed that the Constitutional Tribunal had acted illegally. Highlighting his country’s attachment to the EU, where confidence in the Union “is much stronger than in other countries, such as France, for example”, he insisted that Poland “has a clear place in the EU and wants to remain in it”, Mr Morawiecki stressed that the country had made a “choice of civilisation” by joining the bloc in 2004.
For the rest, however, the Commission is wrong, according to him, the Prime Minister even speaking of “misunderstandings” about the Polish tribunal’s judgment. For there is no “doubt” about the primacy of European law “where the EU has competence”. Member States must simply “react if the EU’s actions exceed its competences; the EU is not a state, the EU27 are its states, they remain sovereign and guarantors of the Treaties”, added the Prime Minister. For Mr Morawiecki, the constitutions of the Member States always remain superior to European texts.
He also asked that his country should not be subject to a double standard and that it should be treated on an equal footing with the other Member States.
An end to the conflict over the disciplinary chamber?
He nevertheless made an announcement and said that the disciplinary chamber of the Supreme Court, which is subject to a demand for daily financial sanctions from the Commission, will be “abolished”, as “it has not met our expectations”, especially in terms of sanctions against judges. New provisions will replace this system.
‘Falling on deaf ears’ and fear of inaction
The message from the European Parliament’s main pro-European groups was in any case unanimous on Tuesday morning: PiS has gone too far and the Commission must act without delay.
“Do people realise? You say it’s not Polexit, but if you opt out of European decisions, it’s almost like leaving the EU”, was the reaction of German EPP Chair Manfred Weber, saying that the Polish Prime Minister “is playing into the hands of Vladimir Putin, who has everything to gain from Europe struggling”. The EPP group leader also attacked the inaction of the European Council.
“When a member state starts to disregard [European decisions], it is heading for the exit door” from the Union, said Spanish Socialist Iratxe García Pérez, who felt that the Polish leader had “not understood the founding fathers” and the shared sovereignty that implied “that we were stronger together”. “We have waited long enough”, she also told the Commission President.
Renew Europe MEP Malik Azmani (Netherlands) said the Polish Prime Minister was also not being “honest” with his people, who would be penalised if the country lost EU funds. The MEP also called for the Commission to activate cross compliance.
The “Commission has to act quickly when a Member State questions the fundamentals” and “here the Polish government is refusing to take the hand of friendship”, commented Ska Keller for the Greens/EFA (Germany).
The exercise was nevertheless considered a little risky by some, notably by French MEP Sylvie Guillaume (S&D) who, despite some satisfaction with the President’s position, had the overall impression of a discussion “falling on deaf ears” between the EU and Poland.
According to her, the “extreme caution” and the lack of commitment of the President, who “continues to dither”, remain a “great disappointment”. (Original version in French by Solenn Paulic)