Der Spiegel: Will the war help Poland to resolve the dispute with the EU? “War softens the stance of Brussels”

Will the war help Brussels unblock funds for the authorities in Warsaw? – “Der Spiegel” wonders.

“In Brussels, many people expect that the European Commission will soon pay Poland money to fight the effects of the coronavirus pandemic. This would not be good news for the rule of law,” writes Ralf Neukirch in the online edition of the weekly “Der Spiegel”.

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The war softens Brussels’ stance

“We assume that the Commission will accept the Polish National Reconstruction Plan in the coming weeks,” said a senior EU official who wished to remain anonymous. Several MEPs who conducted confidential interviews with EC staff share this assessment. “The Commission has indicated that it wants to withdraw the money as soon as possible,” said one of the MEPs.

Der Spiegel explains that it is more than EUR 20 billion. Ursula von der Leyen suspends the payment of these funds until Poland revokes the laws which, in her opinion, threaten the independence of the judiciary.

The Russian attack on Ukraine “softened” this position, according to the author. “The interest in helping Poland has increased significantly” – assessed the EU diplomat.

Sources from the von der Leyen environment assure that the attitude of the EC has not changed. “In fact, this position will not be, at least for now, easy to maintain. The Russian attack on Ukraine has strengthened Poland’s position in the EU system,” reads “Spiegel”.

One of the reasons is that the government in Warsaw was right to warn of Moscow’s imperial ambitions. The German government has long relied on cooperation with Vladimir Putin and has been “fooled”.

The second reason is the acceptance by Poland of hundreds of thousands [ rzeczywistości blisko 2 mln – przy. red.] refugees from Ukraine. The quick action of the state and the great readiness to help from the population brought Poland great recognition in Europe.

“It is not easy to withhold the payment of funds for a country that is doing a favor for the whole of Europe with great commitment and high costs,” says Ralf Neukirch.

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What about the rule of law?

Due to the war, von der Leyen will have an easier time paying the money to Poland. This, in turn, would have a significant impact on the “rule of law mechanism” – emphasizes the author.

According to “Spiegel”, unblocking the money from the National Reconstruction Fund will make it impossible to punish Poland for violating the rule of law. “The European Commission cannot rather fine a country for violating the rule of law to which it previously paid money directly,” says Ralf Neukirch.

As he writes, the Commission may be able to unlock the money with the liquidation of the Disciplinary Chamber announced by the Polish government. The problem of political influence on the judiciary would not be resolved, but it could be the first step.

German Green MEP Daniel Freund warned the German government against agreeing to a “minimum solution”. And the vice-president of the European Parliament, Katarina Barley from the SPD, was against granting Poland a “discount” on the rule of law.

“Ukraine is seeking to join the Community precisely because of European values,” said Katarina Barley, former German Minister of Justice. – The Union must be a Community of democracy and the rule of law. The European Commission must lead to this, also with the help of financial resources – he believes.

“Von der Leyen has not listened to her former colleague from the German government so far. There is no indication that this will change” – sums up Ralf Neukirch in “Spiegl”.