In the midst of all the tensions in Eastern Europe, the lingering effects of the Covid-19 pandemic, and widespread inflation, Poland has the added burden of knowing they squandered an opportunity. They could have received billions of euros from the European Union (EU), but the grandstanding of Polish Justice Minister Zbigniew Ziobro has driven a wedge between the EU and Poland.
The Independence of Polish Judges
At the heart of the issue is the independence, or lack thereof, of Polish judges. EU member states have been pushing back at what they see is the eroding of democratic norms in both Poland and Hungary. Both nations are recipients of large amounts of EU funds, but other EU members have criticized them over the past few years for policies such as applying excessive control over the judiciary, restricting media freedom, and denying the rights of LGBT people.
In Poland, the government’s restructuring of the judiciary is perhaps the biggest issue. To critics, the problem is that there is no clear separation between the country’s judges and the government, run by President Andrzej Duda and his Law and Justice (PiS) party. Duda has been accused of saying things and proposing legislation that are antisemitic and homophobic.
Bad December Talks
In December of 2021, the EU’s Justice Minister, Didier Reynders, traveled to Warsaw to meet with Ziobro. The two were supposed to diffuse the disagreement of Poland’s judiciary to unlock €36 billion for recovery from the Covid-19 pandemic. Instead, Ziobro staged a carefully choreographed media appearance in which he showed Reynders photos of ruined Warsaw from WWII, implying that Europe had always mistreated Poland. The talks were not productive.
High Court Ruling
In late February 2022, the EU’s highest court ruled that the union had the right to withhold support payments to member states if they breach the rule of law principles. The ruling was the final legal impediment to EU institutions withholding funds from Poland and Hungary, or any government they consider to be in noncompliance with core democratic principles.
Both Ziobro and the Hungarian Justice Minister Judit Varga criticized the ruling. At this point, it looks as though there’s nothing Poland and Hungary can do to access those payments without overturning the laws that have been found to contravene EU law.
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