Crisis with Poland: Europeans are playing the card of appeasement – archyworldys

European leaders played the card of appeasement Thursday evening with Poland, in conflict with Brussels on the independence of justice and the primacy of European law, while reserving the possibility of cracking down later.

The energy crisis, which threatens to derail the economic recovery, had previously been the subject of intense debates between the 27 at the summit, after Prague and Budapest questioned the European carbon market, main EU climate tool.

In the standoff with Warsaw, the heads of state and government reaffirmed “their conviction that the rule of law and judicial independence are absolutely fundamental”, but temporized on the responses studied by Brussels, indicated a European source.

Guardian of the treaties, the President of the European Commission Ursula von der Leyen had promised Tuesday to the European Parliament to crack down on Poland: she received the support of the States to act, but without haste to give a chance to dialogue and “continue to seek solutions, “said a European source.

At the same time, the States reaffirmed the possibility of “resorting to existing mechanisms” provided for by European texts, added this source.

This may involve the initiation of a new infringement procedure which may lead to referral to European justice.

The EU also has a new mechanism which makes it possible to suspend payments of European funds to countries where violations of the rule of law affecting the Community budget are found. But the states want to wait until the decision of the European Court of Justice, expected at the end of 2021-beginning of 2022, on the annulment appeal filed by Warsaw and Budapest against this mechanism, to trigger it.

“The Commission is continuing the examination of the cases within the framework of this procedure. It is difficult to accelerate further, but the moment of truth is approaching”, commented a diplomatic source.

Several capitals also consider inconceivable the approval of the Polish stimulus plan of 36 billion euros, currently blocked by the Commission which calls for guarantees on judicial independence.

-“Non-negotiable”-

Warsaw has been in conflict with Brussels for several years over judicial reforms undertaken by the ruling Nationalist Conservative Party (PiS), accused of undermining the independence of judges.

Tensions have increased since a ruling on October 7 by the Polish Constitutional Court, which declared certain articles of European treaties incompatible with the national constitution. A decision denounced by Brussels as an unprecedented attack on the primacy of European law and the jurisdiction of the Court of Justice of the EU.

Warsaw can count on the support of Budapest: “There is a witch hunt in Europe against Poland, the Poles are right”, declared the sovereignist Viktor Orban, also regularly pinned by Brussels on questions of the rule of law .

Dutch leader Mark Rutte had advocated firmness upon his arrival in Brussels, deeming the independence of the judicial system “non-negotiable”. “Poland must take threats of financial sanctions very seriously,” added its Austrian counterpart Alexander Schallenberg.

“We will not act under the pressure of blackmail (but) we are ready for dialogue”, retorted the head of the Polish government Mateusz Morawiecki in the afternoon after an interview with French President Emmanuel Macron .

Germany has been keen to avoid a “confrontation” with Warsaw. “Cascading disputes before the Court of Justice of the EU are not a solution in the rule of law”, warned Chancellor Angela Merkel.

This summit is the last of a hundred for the German leader, on the departure after 16 years in power and who lent herself to a “family photo” with her counterparts.

– “Speculation”? –

On energy, the Twenty-Seven welcomed the “useful” tools proposed by the Commission to cushion the surge in prices (tax rebates, aid to households, etc.). At the request of outgoing Czech Prime Minister Andrej Babis in particular, they also asked Brussels to “study” the energy markets to determine whether “certain behaviors” deserve sanctions.

Mr. Babis had temporarily blocked the adoption of conclusions on the subject, denouncing “speculation” on the European carbon market, together with his Polish counterpart.

In this market, where companies trade “rights to pollute”, the price of CO2 has more than doubled in one year to exceed the record level of 60 euros per tonne. However, the Commission and experts estimate that only 1 / 5th of the increase in electricity prices is attributable to the carbon market.

The EU’s climate plan, of which the carbon market is a key instrument, “increases energy prices (…) and will kill the European middle class”, for his part accused Viktor Orban.

The summit will continue on Friday with the issue of migration on the menu, in particular with Belarus, accused of organizing an influx of migrants to the EU’s borders, in retaliation for sanctions adopted by the Twenty-Seven.

bur-alm-jug / fmi / ob