Euranet Plus Panorama: Rule of law… but whose law?

EP Plenary session - The Rule of law crisis in Poland and the primacy of EU law on October 19, 2021 / © European Union 2020 - Source : EP

This week, Brussels and Warsaw lock horns in Strasbourg over the supremacy of European law, while MEPs put the Farm to Fork strategy to a vote. Meanwhile, Ukraine and the EU meet to cement closer ties.

Politicians and journalists from across the EU have been collectively asking themselves the same question in the wake of the 7 October constitutional tribunal ruling, which states that the Polish constitution takes precedence over EU treaties.

What is Poland playing at?

Polish prime minister Mateusz Morawiecki took part in a heated debate at the European Parliament on Tuesday (19 October), which was covered by radio stations from across the Euranet Plus network.

EU-Polen: D'Sich no enger adequater Reaktioun

Morawiecki stressed that the rule of law is as important a principle for Warsaw as it is for all other EU governments. He also argued that it was unfair to criticise the judgement of Poland’s constitutional tribunal concerning the primacy of the Polish constitution over EU law, as similar judgments had been issued in other member states.

Well, yes and no, Dainius Žalimas, judge and former chair of Lithuania’s constitutional court, told Žinių Radijas the day before the debate even took place.

Dainius Žalimas, former Chair of Lithuania’s constitutional court (in Lithuanian):

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“It is not uncommon to say that a constitution is the supreme law. This is the case in many EU countries, and Lithuania is no exception. However, there is a provision in the Polish constitution that delegates state competence to international organisations. In Lithuania, this provision is also very clear. Thus, the constitutional court is responsible for harmonising the constitution with EU law. Poland’s constitution itself states that EU law must be respected. I would call the behaviour of Poland’s constitutional tribunal irresponsible. This court has demonstrated its complete dependence on politicians.”

In response to the Polish premier’s assertion that “We are here, we belong here and we are not going anywhere”, the acting leader of Poland’s opposition party Civic Platform, Donald Tusk, told a press conference in the Sejm that he was pleased to hear the government voicing its commitment to EU membership.

Donald Tusk, Acting Chair of Civic Platform (in Polish):

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“I am very glad that in this debate, even Law and Justice representatives made strong declarations that Poland has been, is and will continue to be a member of the EU. This is thanks to the will of the Poles; thanks to the determination of the vast majority of our compatriots who want Poland to be in and stay in Europe.”

Yet, speaking to Polskie Radio, Law and Justice MEP Beata Szydło criticised members of the opposition who, she claimed, had besmirched Poland’s good name during the European Parliament debate.

Beata Szydło, Member of the European Parliament – ECR, Poland (in Polish):

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“They said that what is happening in Poland is inconsistent with the principles of a democratic state of law. This is, of course, nonsense and lies. These MEPs only said that for political reasons and to send a message to their voters. It is shocking that they are doing this in Strasbourg. I understand the political differences, but I know – as do [Polish S&D MEPs] Cimoszewicz, Belka and Miller – that we live in a country where the law is in force and that it is a democratic country.”

Poland won’t be 'blackmailed,' PM tells MEPs in debate over rule of law

One Lithuanian MEP who has been watching the situation unfold has some advice to offer both sides of the political divide, reports Žinių Radijas.

Liudas Mažylis, Member of the European Parliament – EPP, Lithuania (in Lithuanian):

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“I think we should not wait for big political changes in Poland. Maybe the opposition parties need to realise that amassing political dividends from each controversy is detrimental to the state itself. Everyone should calm down, assess the situation and listen to their opponents’ arguments. I would advise the European institutions to do the same thing. There is no need to create a big fuss out of every problem. The EU should not react to Poland’s actions by blaming or scolding Poland because a huge political confrontation is not the right way to resolve this situation.”

To mark the nineteenth European Week of Regions and Cities, RTBF interviewed Apostolos Tzitzikostas, President of the European Committee of the Regions. Among other topics, they discussed use of the rule-of-law conditionality to block access to EU funds.

Tzitzikostas echoes Mažylis in urging caution. He believes that it is important to defend the rule of law, but not at any cost.

Apostolos Tzitzikostas, President of the European Committee of the Regions (in French):

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“We must defend the rule of law, without a doubt. And we must push member states to respect the rule of law. But, in attempting to ensure the rule of law in a given country, we must not harm its citizens. We must not cut off, for example, cohesion funding, which exists precisely to help regions, towns and countries to reach parity in all aspects of the economy. We must, I repeat, be extremely careful as these funds are there to reduce economic and social disparities. If one day we cut these off, there will be socioeconomic changes in that country or region. We must be very careful about how we defend the rule of law, while at the same time not impacting negatively on citizens.”

The Parliament’s resolution on Poland, which calls on the Commission and the Council to launch infringement procedures against Warsaw and to trigger the rule-of-law conditionality regulation, went to the vote on Thursday. It passed by 502 votes in favour to 153 against.

Sofia finally submits recovery plan

In related news, Bulgaria has submitted its own, long-awaited recovery plan to Brussels. The Commission will now assess the document against criteria such as its allocated spend on climate measures and the digital transition.

In an interview with BNR on Sunday (17 October), Bulgaria’s acting deputy PM for EU funds, Atanas Pekanov, insisted that the submission delay was well worth it, stressing that Sofia’s revised plan now meets the EU’s expectations for a greener economy and includes more robust rule-of-law and anti-corruption guarantees than the previous government’s plan.

When asked if there was a risk that the recovery funding might be blocked over a failure to meet the rule-of-law requirements, as in the case of Poland and Hungary, Pekanov responded that this was unlikely.

Atanas Pekanov, Interim Deputy Prime Minister of Bulgaria (in Bulgarian):

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“In fact, this is what caused the so-called delay. We want to avoid such a blockage. We often hear that Bulgaria is one of the last two countries to present their plan. Yes, but while Hungary and Poland may have submitted their plans some time ago, these have not yet been approved – precisely because they did not take any steps to address the rule of law and, in the case of Poland, they have given too long a deadline – 2049 – for phasing out the coal industry. The EU institutions consider this to be unrealistic and less-than-meaningful. In other words, handing over the plan is the first step, but the completion of formal negotiations is another thing entirely. I think that we managed to do a lot of the work before submitting the plan, so we can now conclude the formal negotiations more quickly.”

Пеканов: Ресурсът от Плана за възстановяване е значим, но да не очакваме да ни реши проблемите

Farm to Fork finds EP support

A large majority of MEPs on Tuesday (19 October) voted in favour of the Commission’s proposed Farm to Fork Strategy, which sets out ambitious goals for the agriculture sector.

The strategy sits at the heart of the Europe’s Green Deal and aims to make food systems fair, healthy and environmentally friendly. One of its goals is to halve the use of chemical pesticides by 2030.

During the parliamentary debate, several MEPs underlined the importance of consumer responsibility – the fact that purchase power is crucial for change. But we cannot make the right decisions about what to buy without accurate information and education, as EPP member Christine Schneider explained to German radio network AMS.

Christine Schneider, Member of the European Parliament – EPP, Germany (in German):

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“We can only live up to this responsibility if we know how to eat in a healthy, balanced and sustainable way. And this is why we need consumer awareness and consumer education – starting in kindergarten. This is essential for a healthy lifestyle. But we also need high-quality information so that we can judge whether we are eating healthily and safely. And that includes a set of mandatory information.”

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Europe’s agriculture ministers were more reluctant when they discussed the strategy last week, with 18 countries raising concerns. In a letter to the Commission, they made it clear that they would not accept the mandatory inclusion of F2F objectives in their forthcoming Common Agricultural Policy strategic plans as these targets are not yet legally binding.

Luxembourg was one of the signatories to this letter. Its minister for agriculture, Romain Schneider, told national broadcaster 100,7 that legal certainty was required first.

Romain Schneider, Luxembourg’s Minister for Agriculture (in Luxembourgish):

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“Of course we stand behind the targets of the Green Deal as well as those of the Farm to Fork Strategy. But these are not yet legislative texts. The agricultural ministers’ agreement on the EU’s Common Agricultural Policy is the legal basis for the national strategic plans.”

In related news, two months on from the Commission’s new maximum levels of cadmium and lead coming into effect for a wide range of foods, Radio România discusses the subject with socialist MEP Tudor Ciuhodaru, who sits on the Parliament’s environment, public health and food safety committee.

The purpose of the new rules – which stem from European Cancer Plan commitments – is to further reduce the presence of carcinogens so as to make food safer.

Tudor Ciuhodaru, Member of the European Parliament – S&D, Romania (in Romanian):

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“Most of the time, these types of carcinogenic substances – toxins – are present in the foods and drink we consume. In the health committee, we want to ensure that everything on the market is good for our health. We have proposed at EU level the creation of centres of reference and food and water quality assessment centres – a network that guarantees, in a practical way, that we do not consume any toxic or potentially carcinogenic substances. We are talking about a very wide range of neuroendocrine disruptors – things we find in our food every day – and it is difficult for individuals to recognise these as they shop, especially because we are talking about substances with no flavour or smell. There are many things that have spiralled out of control, for example imports from third countries and pesticides that are often no longer allowed in the EU, but which find their way in through imported food and drink.”

Ukraine edges closer to EU

At a summit in Kiev last week (12 October), EU representatives welcomed Ukraine’s efforts to move closer to the European Union, but refrained from explicitly advocating EU membership, not least because of a desire not to antagonise Moscow.

The gathering was an opportunity to welcome the economic integration that has taken place, notably through the 2016 association agreement. The two parties also announced the launch of negotiations to accelerate the elimination of customs duties.

The issue of energy security was discussed at length, given the inadequacy of supplies from Russian gas company Gazprom.

But what some observers have retained is Brussels’ unprecedented condemnation of “acts of aggression committed by the Russian armed forces”. A minor revolution, according to the EU’s representative in Ukraine, who was interviewed by our colleagues from Kuku Raadio.

Matti Maasikas, EU Ambassador to Ukraine (in Estonian):  

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“Trade between the EU and Ukraine has developed rapidly over the last five years. Ukrainians, of course, want easier market access for their goods. Mainly for agricultural products, but also for other things. This process is now underway. The second part of the summit was about energy and cooperation. An additional complication for Ukraine is the Nord Stream 2 pipeline, which they fear will not be good for their status as a transit country and their cashflows. A working group has now been set up. The third major stumbling block was Russian aggression. For the first time, the EU has said that Russia is party to this conflict at a very high level; not a mediator, as they wish to cast themselves.”

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Spain’s youth champion disability rights

The Spanish ‘Talento para el Futuro’ (Talent for the Future) platform is a network of civil society organisations comprising some one million young people, reports esRadio Castilla y León.

The platform seeks to reduce the gap between young people and their leaders and institutions through dialogue, with disability rights and inclusion key issues for the organisation, as a Talent for the Future spokesperson explains.

Maica Hidalgo, Member of the Inclusion Team at Talento para el Futuro (in Spanish):

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“It is true that [disability inclusion] is quite unbalanced. The European Union should unify and ensure that [disability] laws are enforced, whether we are talking about Spain, Germany or France. This should be standardised.”

Mighty must support minor-league in media sector

The European Parliament is calling for stronger support for independent media outlets across Europe. In a report adopted on Wednesday (20 October), MEPs stressed that global online platforms must pay their fair share of tax to help support the wider media sector.

The report’s author, MEP Dace Melbārde, told Latvijas Radio that there should be a level playing field between large and small media organisations.

Dace Melbārde, Member of the European Parliament – ECR, Latvia (in Latvian):

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“We believe that media organisations and big platforms should play by the same rules. The big platforms have affected the restructuring of the media sector and led to changes in advertising. We understand that advertising is a key source of revenue for media outlets. But right now, it is clear that the advertising market is turning towards the big platforms. But the big platforms refuse to take any responsibility for the rest of the media.”

  • Author: Joanna Neville, Euranet Plus News Agency