Poland must follow the EU values

A danger disguised as Law and Justice

Victor Ângelo

 

I have known Marzena for more than 15 years. It was shortly after she arrived in Brussels and started a new life, serving in the homes of the Belgian middle class. She came from deep Poland, a stone's throw from Belarus - in fact, she has relatives living in a couple of villages on the other side of the barbed wire, Poles like herself, but caught up in the post-war border-line scramble by Stalin's people. Over time, she saw many thousands of other compatriots arrive in Belgium, who today work in construction, domestic service, factories or in the many Polish stores that have opened everywhere. The money that these immigrants regularly transfer to their homeland has been one of the factors in Poland's economic modernization. The other is linked to the different advantages that came with the country's entry into the European Union in 2004.

Marzena is a modest but thoughtful person. She has learned a lot over the years. She can see the economic progress, how her country has changed since accession. But she also recognizes that today's Poland is on the wrong track when it comes to the opening of mentalities and political culture. A part of the ruling class exploits the nationalism that has kept the country alive throughout history, amid Germanic, Russian and Scandinavian pressures, and deepens it with the help of the Catholic church, which continues to weigh heavily in maintaining an extreme conservatism. There is a holy alliance, it must be said, between the government led by the Law and Justice party (PiS) and the most backward sectors of the ecclesiastical structure.

The government has been in conflict with the European Union for several years, mainly for reasons having to do with the independence of the justice system, which has been strongly limited by the political power. This conflict was recently aggravated by a ruling of the Constitutional Court, which does not recognize the primacy of European law. This Tuesday, the European Parliament (EP) heard Ursula von der Leyen and Polish Prime Minister Mateusz Morawiecki on the dispute. It was a clash of positions, with it being clear that the EP supports the European Commission (EC) and expects it to take measures that will lead Warsaw to change its policy. For now, the Polish Recovery and Resilience Plan (RRP) - about 24 billion euros in non-repayable funds plus 34 billion in loans - is waiting for better days before being accepted. There is also the possibility that the Commission will activate the mechanism that makes the approval of European funds conditional on respect for EU values. This mechanism is the most expeditious, since it can be approved by a qualified majority, without requiring the unanimity of member states. Poland expects to receive around 121 billion euros in cohesion funds in the coming years, until 2027. In financial terms, what is at stake is immense. Warsaw, however, is still betting on a confrontation with the EC.

All this puts the future of the common project at risk. Poles want to remain in the EU - 90% of citizens are in favour, including 87% of PiS supporters. The government itself says and repeats that there is no question of preparing an exit, a Polexit. They say it is just an assertion that Europe is based on a collection of nations and not on ever deeper integration. This is a fallacious argument, for what is at issue is respect for the basic values that unite the European peoples, and which have been enshrined in Articles 2 and 3 of the EU Treaty. To allow a Member State to violate these values and remain in the Union is to offer the adversary the possibility of destroying us by continuing to sit at our table.

The Commission must win this battle. The European executive and the other institutions cannot emerge weakened from such a debate. Now is the time to hear the voices of the leaders supporting Ursula von der Leyen without ambiguity or further delay.

 

(Automatic translation of the opinion piece I published in the Diário de Notícias, the old and prestigious Lisbon newspaper. Edition dated 22  October 2021)

 

Europe´s unity

Donald Tusk has been re-elected as President of the European Council. The Council brings together all the Heads of State and Government of the Union. They have voted today for Tusk. With one exception: the Polish government did not support his own citizen. For reasons of domestic politics, that's the truth. Not for reasons of competence: Tusk´s competence has been recognised by everybody else.

This was an important development. The Polish ultra conservative leaders had actively campaigned against the re-election. Some of us thought that the rest of the EU leaders would be willing to accept the Warsaw position in order to keep the European unity. But this time, reason has been stronger that unity at any cost. And that is certainly good news. 

Poland is a key country within the EU

There is no doubt regarding the political legitimacy of the new Polish government, led by the Law and Justice Party (PiS). The voters gave PiS the largest number of seats at the October 2015 general elections and naturally the party took over the country´s government. The problem is a different one. There have been a series of moves by the Cabinet that have raised serious question marks about its approach to democratic governance in a European context.  The legislative action it took against the Constitutional Court´s independence is the best known example. But there are several others, including smear campaigns against the civil society organisations. And there have been also some grave attempts to bring under party control some of the key positions in the defence sector.

The European Commission has called the attention of the new authorities in Warsaw. The same happened to the Council of Europe. But the PiS leadership seems to be in its own planet, not in the EU, and has paid no real attention to the advice. That should be considered worrying.

It would be a serious mistake – one more, taking into consideration several other blunders made in other political areas – to let it go. The European institutions have to be very clear in their political dialogue with Warsaw to ensure that respect for the opposition and plurality of opinions are fully accepted by PiS. The EU should also insist on keeping the Polish key institutions stable and free of partisan meddling. Any weaker approach on the Brussels side would encourage other governments elsewhere to follow the path that the Warsaw authorities are now pursuing. And that would add serious additional challenges to a union that is already under severe stress.

Poland is adding new challenges to the EU

Poland´s new political situation, with the Law and Justice Party (PiS) as the governing force, was the top headline in today´s Le Monde. The French newspaper, a reference daily for many in Europe, focussed its analysis and comments on the PiS-supported government´s efforts to take control of the Constitutional Court of Poland and on its very conservative, nationalistic and authoritarian political agenda. It also made reference to the new approach being followed in Warsaw towards the EU. That approach is certainly perceived as not very constructive and is clearly clashing with the policies adopted by the EU institutions and most of the member states.

Poland´s new leaders will bring additional challenges in 2016 to the European project. There was no need for that addition. But it has to be taken into account as the country is an important player within the Union.