Change Edition

Gloves come off in EU clash with rogue members
European Union

Gloves come off in EU clash with rogue members

3 min. 12.10.2021
Poland’s government cemented into law a ruling that challenges the EU legal order, as a case was unfolding before the bloc's highest court
Participants hold a large EU flag as they take part in a pro-EU demonstration in Warsaw on Sunday following a ruling of the Constitutional Court against the primacy of EU law in Poland
Participants hold a large EU flag as they take part in a pro-EU demonstration in Warsaw on Sunday following a ruling of the Constitutional Court against the primacy of EU law in Poland
Photo credit: AFP

The struggle between the European Union and members Poland and Hungary over the rule of law has erupted into full-blown legal conflict.

The rebel nations are challenging new powers the bloc is using to punish them for undermining democratic values, both on the EU level and through their own judicial systems.

At a two-day hearing at the EU’s top court that ended on Tuesday, lawyers for the governments in Budapest and Warsaw argued the rules that could choke off aid crucial to their economies were unclear and unpredictable.

As that contest unfolded in a Luxembourg courtroom, Poland’s nationalist government cemented into law a ruling that challenges the EU legal order by saying Polish law can override it. 

The EU has been battling Poland and Hungary over numerous issues, including the rule of law, LGBTQ rights and climate policy and so far has led to little by way of concrete punishment. Now, Poland is challenging a mechanism established in January that allows the EU to withhold budget distributions to member states.

Financial aid at stake

Since the bloc’s massive coronavirus recovery fund is part of the budget, it means Poland could lose out on €23.9 billion of stimulus grants, while smaller Hungary has at least €7.2 billion at stake.

Both countries argued that the rule lacked clarity and therefore they shouldn’t be punished under it.

Not even EU institutions seem to agree on the scope of the legislation, which is “very good evidence that the provisions of the regulation are unclear,” Sylwia Zyrek, a lawyer for Poland, told the court. “How can we adapt our conduct” if the “EU institutions have divergent opinions?”

The commission’s lawyer, Katharina Herrmann, countered by saying: “This mechanism is intended to protect the EU’s financial interests.” Advocate General Alexander Arabadjiev of the EU court said he would give his non-binding opinion in the case on December 2.

Poland and Hungary filed their EU court challenge in March, three months after leaders passed a historic €1.8 trillion budget and stimulus package. It included the provision that would penalise member states that fail to adhere to democratic standards. While Poland and Hungary opposed the move, they eventually signed on to the deal and then took their fight to the EU court.

Pressure from EU members

Separately on Tuesday, Luxembourg Prime Minister Xavier Bettel said his government “fully supports the new conditionality mechanism.”

Member nations “cannot take advantage of EU financial aid on the one hand, and disrespect the European values that unite us on the other. We cannot and will not accept this,” he said. “This is even truer in the context of a recent decision in Poland.”

The verdict questioning the supremacy of EU law, announced last week in Warsaw, marked a major escalation in Poland’s already fraught relations with the bloc and triggered street protests. In a joint statement just days later, France and Germany said Poland has a legal and moral obligation to abide by EU rules.

Poland’s opposition, led by former European Council President Donald Tusk, accused the government of trying to force the country out of the EU. Prime Minister Mateusz Morawiecki, who triggered the ruling by the Polish court, has dismissed that accusation as “fake news”.

Still, his government ushered the ruling into law by publishing it in the official gazette on Tuesday, putting put to rest any doubt it may be seeking a way to compromise.

“The government has decided to put itself on the collision course with the EU,” said Piotr Buras, a senior policy fellow at the European Council on Foreign Relations in Warsaw. “They’re trying to test the limits of how far they can go.”

©2021 Bloomberg L.P.


The Luxembourg Times has a new LinkedIn page, follow us here! Get the Luxembourg Times delivered to your inbox twice a day. Sign up for your free newsletters here.


More on this topic