Brussels turns the page in its long confrontation with Poland over attacks on the judicial independence of 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 the cohesion and recovery funds blocked since 2021 due to attacks on the rule of law and the independence of judges. which the European Executive now considers surpassed or on track to achieve it, after the arrival of the new Government of Donald Tusk.
This is a decision of more political than economic significance, despite the large amount of funds at stake: some 137,000 million euros in total, of which the first 6,300 million will be disbursed in the coming weeks.
And just over a month before the Polish municipal elections and less than three months before European elections marked by the threat of the advance of the Eurosceptic extreme right, the EU rewards the clearly pro-European project of Tusk—of the European People's Party ( PPE), 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) managed to unseat the ultra Executive of the Law and Justice party (PiS) in October, which, like Hungary continues to do with Viktor Orbán, Another black sheep of the EU, he dangerously questioned fundamental values of the Union during his eight years in office.
“Today we turn the page on the problems regarding the rule of law with Poland, by recognizing the important progress made by the Government,” celebrated the vice-president of the Commission Vera Jourova, responsible for Values and Transparency.
“I welcome the determination of the Polish Government to strengthen the rule of law and judicial independence,” said Commissioner for Justice, Didier Reynders, for whom the release of funds formally approved now “reflects the positive steps taken by Poland.” .
In total, five commissioners from different areas and political affiliations have effusively welcomed this Thursday the Polish advances that also “impressed” their boss, Von der Leyen, a week ago during her visit to Warsaw together with the Belgian prime minister and president of turn of 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 steps taken to meet the milestones in terms of strengthening judicial independence", are sufficient to unlock access to the European funds.
6.3 billion in the coming weeks
This is, on the one hand, the almost 60 billion euros of recovery funds allocated to Poland — of which, once confirmed by the Member States, the Commission will release “in the coming weeks” a first band of 6.3 billion — that the European Executive considers can begin to be disbursed given that Warsaw has “satisfactorily completed” the two “super milestones” to guarantee judicial independence in the country.
The community Executive welcomes above all the reform of the disciplinary regime of judges with various measures undertaken since June 2022 - especially with the abolition of the controversial Disciplinary Chamber of the Supreme Court approved by the PiS Government, which had created it - and until this 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 audit and control computer system that helps EU countries monitor possible fraud.
On the other hand are the 76.5 billion euros of 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.
Something that Poland now fulfills thanks to the reform that guarantees the independence of the judiciary and with the steps taken to, among others, provide a clear definition of the functions and responsibilities of the Ombudsman or the establishment of effective complaint and notification mechanisms .
A matter that does not cause problems: Bodnar knows the institution well, given that he held that position between 2015 and 2021.
Brussels, which has also highlighted Poland's decision to join the EU Prosecutor's Office (EPPO), estimates that the first disbursements will begin to be made in the coming weeks, amounting to around 600 million euros. , of these cohesion funds.
A part of Polish civil society considers the decision to now unlock the funds somewhat premature, as academics and experts have expressed on social networks.
Jakub Jaraczewski, Research Coordinator of the
think tank
Democracy Reporting International, reflected in
By putting politics first, the Commission opens itself to the argument that this whole rule of law story was really about removing 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 with systemic measures, and not with a mixture of initial, medium and measures and expressions of good intentions.
Unlocking this money prematurely only fuels the argument that it was all a political issue.”
Some suspicions that Brussels dismisses.
Community sources have stressed that the situation is “very different” from what it was under the PiS Government and that the measures already taken – not just announced – “are creating a different reality” in a Poland where there have already been, among others, changes in jurisprudence and, above all, a key recognition of the supremacy of European law over national law.
“There are very specific and interrelated things, it is a very different situation and it cannot be downplayed,” the sources insist.
The steps taken this Thursday do not yet affect the main punishment imposed on Warsaw, that of article 7. Popularly known in Brussels as the nuclear button, it is the maximum sanctioning procedure of the community treaties that can lead to the suspension of the country's right to vote. punished in the EU Council.
Poland became, in 2017, the first country to which this sanctioning process was opened, which, since then, has also been applied to Hungary, although neither of the two countries have had their right to vote suspended.
On February 20, the Polish Government presented in Brussels an “action plan” to respond to the infractions that led to the opening of the Article 7 process. Measures that have been very well received in the community capital, although Commission sources They warn that the decision on the closure of this punishment has not yet been made, although it is considered close.
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