EU’s Aid to Poland Jeopardized
EU headquarters in Brussels, Belgium in Sept. 2022. Photo: AP Photo/Olivier Matthys
Political tensions between Warsaw and Brussels increased this week as financial aid funds for Poland became threatened. The roughly 76.5 billion euro sum was earmarked in June for a six-year Cohesion Policy that would help bring Polish development up to European Union ambitions, in areas such as renewable energy and social welfare. The EU now threatens to withhold payments under the agreement due to lackluster reforms in the country’s justice system, the most recent instance of a long legal confrontation between the Polish government and the EU.
Late last year, the European Commission also froze over 35 billion euros in coronavirus pandemic recovery funds from Poland, as well as 7 billion euros from Hungary. The two countries have been accused of democratic backsliding in recent years.
A primary issue in Poland was the state of its court system. In 2019, new legislation was passed that allowed a disciplinary chamber to charge and retaliate against judges that questioned or ruled against the government’s policies. Many legal and political scholars claimed that this was a huge blow to judicial independence in the country, and the legislation concerned EU leaders. The European Court of Justice ruled in 2021 that the opportunity for political interference in Poland’s justice system was “not compatible with EU law.”
As EU law supersedes Polish law, the country needed to institute reforms and comply in order to avoid financial penalties, such as the blocking of the pandemic-related funds. The Law and Justice Party, the ruling right-wing political party, told Brussels that they would dissolve the chamber, but made clear their intentions to set up an alternative chamber, and that they would appeal EU decisions in order to ensure national control over their justice system. This year, the EU ended some of the long-lasting legal tensions by approving the 35 billion euros for pandemic relief, but warned that Poland must make good on its commitments to abide by EU law before receiving such aid.
The Law and Justice Party has been criticized for helping facilitate backsliding in Poland. Photo: Agencja Gazeta/Slawomir Kaminski/via Reuters.
Recently, EU leaders argued that Poland’s progress has been less-than-sufficient and threatened the even larger package of Cohesion Policy development funds. The deputy of the European Commission, Vera Jourova, said that the member must demonstrate it has fulfilled its obligations to the EU regarding rule of law, judicial independence, and democracy.
Polish leadership has denounced the EU’s stance. President Andrzej Duda claimed Monday that Brussels is attempting to influence the “free nature” of the upcoming elections, commenting that “If these media reports are confirmed, it will be clear that European institutions are continuing to meddle in Polish politics and trying to force Polish society to change the government in Poland.” Justice Minister Zbigniew Ziobro echoed the president’s attitude, stating that freezing the funds would be “clearly illegal.”
To the EU, ensuring that Poland remains progressive and avoids democratic backsliding is of critical importance. Trends in authoritarianism among the EU’s eastern members threaten the liberal ideals of the union in general, as well as its reputation as a democratic force. It is particularly threatening as the EU attempts to keep itself politically united against Russia’s invasion of Ukraine. As Poland continues to reconcile its EU membership with national aims, the long confrontation between sovereignty and unity will likely only grow more important to Europe in the coming years.