Brussels is turning the page on its long confrontation with Poland over attacks on judicial independence by the former ultra-conservative government. As its president, Ursula von der Leyen, announced a week ago, the European Commission approved this Thursday the first disbursement of cohesion and recovery funds blocked since 2021 due to attacks on the rule of law and to the independence of judges that the European executive announced. he now considers himself outdated or on the verge of achieving this, after the arrival of the new government of Donald Tusk.
This is a decision of more political than economic significance, despite the importance of the funds involved: some 137 billion euros in total, of which the first 6.3 billion will be disbursed in the coming weeks. And just over a month before the Polish municipal elections and less than three months before the European elections marked by the threat of the advance of the Eurosceptic far right, the EU is rewarding the clearly pro-European project of Tusk, from European People’s Party (EPP). ), the same political family as Von der Leyen—. At the head of a liberal alliance, the conservative prime minister and former president of the European Council (2014-19) succeeded in overthrowing in October the ultra-executive of the Law and Justice party (PiS), which, like Hungary, continues to do so with Viktor Orbán, Another black sheep of the EU, he dangerously called into question the fundamental values of the Union during his eight years in office.
“Today we turn the page on the rule of law issues with Poland, recognizing the important progress made by the government,” celebrated Commission Vice-President Vera Jourova, in charge of Values and Transparency. “I welcome the determination of the Polish government to strengthen the rule of law and judicial independence,” declared Justice Commissioner Didier Reynders, for whom the release of funds now formally approved “reflects the positive measures taken by the Poland”. In total, five commissioners from different areas and political affiliations effusively welcomed this Thursday the Polish progress which also “impressed” their boss, Von der Leyen, a week ago during his visit to Warsaw in the company of the Prime Minister and president of the Belgian government. the Council of the EU, Alexander De Croo.
According to Brussels’ assessment, the rule of law reforms already carried out by Poland, as well as the “most recent and immediate measures taken to take the steps in terms of strengthening judicial independence”, are sufficient to unlock access to European funds.
6.3 billion in the coming weeks
This concerns, on the one hand, the nearly 60 billion euros in recovery funds allocated to Poland – of which, once confirmed by the Member States, the Commission will release “in the coming weeks” a first tranche of 6.3 billion – that the European Union Executive funds can begin to be disbursed given that Warsaw has “satisfactorily completed” the two “super milestones” to guarantee the country’s judicial independence. The Community Executive especially welcomes the reform of the disciplinary regime of judges with various measures undertaken since June 2022 – in particular with the abolition of the controversial Disciplinary Chamber of the Supreme Court approved by the PiS government, which had created it – and until February , with an order from the new Minister of Justice, Adam Bodnar, suspending unjustified disciplinary procedures. Added to this is the commitment, adds Brussels, to use the Arachne IT audit and control system which helps EU countries monitor possible fraud.
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On the other, the 76.5 billion euros in cohesion funds allocated to Poland until 2027 and which depend on the country’s compliance with the requirements of the EU Charter of Fundamental Rights. What Poland is now achieving thanks to the reform which guarantees the independence of the judiciary and the measures taken to, among other things, provide a clear definition of the functions and responsibilities of the Ombudsman or the establishment of effective complaint and review mechanisms. notification. A matter that does not pose any problems: Bodnar knows the institution well, since he held this position between 2015 and 2021.
Brussels, which also highlighted Poland’s decision to join the European Public Prosecutor’s Office (EPPO), estimates that the first disbursements will begin to be made in the coming weeks, amounting to around 600 million euros, from these funds of cohesion.
Part of Polish civil society considers the decision to release the funds now to be somewhat premature, as academics and experts have expressed on social media. Jakub Jaraczewski, research coordinator of the thinking group Democracy Reporting International commented on X, formerly Twitter: “What the new Polish government has done in these few months deserves praise, but much work remains to be done. By prioritizing politics, the Commission leaves itself open to the argument that this whole rule of law thing was actually aimed at ousting the PiS government from power.” Ben Stanley, from the Center for the Study of Democracy at SWPS University in Warsaw, warned on the same social network: “A systemic threat to the rule of law is eliminated by systemic measures, not by a mixture of initial measurements, averages and measurements and expressions of good intentions. Releasing this money prematurely only fuels the argument that this was a political issue.”
Suspicions that Brussels dismisses. Community sources stressed that the situation is “very different” from what it was under the PiS government and that the measures already taken – and not just announced – “create a different reality” in a Poland where there have already been , among other things, changes in jurisprudence and, above all, an essential recognition of the supremacy of European law over national law. “There are very specific and interrelated things, it’s a very different situation and we cannot minimize it,” insist the sources.
The measures taken this Thursday do not yet affect the main sanction imposed on Warsaw, that of Article 7. Popularly known in Brussels as the nuclear button, it is the maximum sanction procedure of the Community treaties which can lead to the suspension of the law of the country. vote.. punished in the Council of the EU. In 2017, Poland became the first country to which this sanctions procedure was opened, which has since also applied to Hungary, although neither country has had its voting rights suspended. On February 20, the Polish government presented in Brussels an “action plan” to respond to the infractions which led to the opening of the Article 7 process. Measures which were very well received in the community capital, although Commission sources warn that the decision on the closure of this sentence has not yet been made, although it is considered close.
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