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Poland seeks to play long game in battle with Brussels
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Poland seeks to play long game in battle with BrusselsPosted:

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New Polish Prime Minister Mateusz Morawiecki has started a dialogue with Brussels

The EU wanted Poland to wave a white flag in a fight over the rule of law. Instead, Warsaw is pushing back with a white book.

More than two months after the Commission took the unprecedented step of triggering the so-called Article 7 procedure -- a legal process that can lead to the imposition of sanctions on an EU member country -- Warsaw has not backed off on any of its controversial judicial reforms.

The ruling Law and Justice party has installed a media-savvy, polyglot prime minister, Mateusz Morawiecki, who has started a dialogue with Brussels on the measures that critics including the Commission say seriously undermine the independence of the judiciary. But those moves represent a change in PR strategy rather than any commitment to revise the controversial laws.

In the latest step in the PR offensive, Warsaw is drawing up a "white book," which it intends to deliver to the other 27 EU countries, explaining why Poland adopted the measures. One goal is to illustrate similarities between the Polish overhaul and existing judicial systems in other EU countries.

"The clock is ticking. The European Commission and many EU members are very concerned about the rule of law situation" -- Michael Roth, Germany's minister for EU affairs


"We will expect from member states that they develop their own assessment of this situation and really consider whether it has anything to do with any serious risk of a serious breach of the rule of law," Poland's EU affairs minister, Konrad Szymaski, told reporters after a meeting of the EU's General Affairs Council on Tuesday, at which the dispute was discussed.

"In our view, there is no such serious risk, such serious threat. So there is no ground to conclude this procedure in a way that would be confrontational vis--vis Poland."

Polish officials say they expect their willingness to engage in dialogue will keep the conversation going for some time and avoid a vote on the measures among EU leaders. They also insist the judicial changes will remain in place. But sticking to that stance keeps them on a collision course with the Commission, backed by France and Germany.

Deadline looms-
Last December, the Commission issued a "reasoned opinion" to trigger Article 7.1 of the EU treaties, putting Poland on a path that could ultimately lead to the suspension of its EU voting rights.

The chances of Poland ever being stripped of its voting rights are slim, as all other EU member countries would need to agree and Hungary, for one, has long said it would veto such a step. However, the Commission gave Warsaw three months back in December to either change course or face the prospect of a de facto vote of censure in the European Council, at which EU leaders would be invited to conclude that there was "a clear risk of a serious breach of the rule of law" in Poland.

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Frans Timmermans, the European Commission first vice president

That mid-March deadline now looms large and Germany and France made clear on Tuesday that they continue to back the Commission.

"The clock is ticking. The European Commission and many EU members are very concerned about the rule of law situation, particularly the independence of the judiciary," said Michael Roth, Germany's minister for EU affairs, who spoke on behalf of both Paris and Berlin at the meeting.

"We hope that in the end we'll move from discussions to an acceptable solution. The European Commission has our unlimited support on this," he said.

Other EU ministers welcomed Warsaw's willingness to engage in dialogue. Ekaterina Zaharieva, Bulgaria's foreign minister, described it as a "huge improvement." But several also said it was high time Warsaw moved beyond words.

Frans Timmermans, the European Commission first vice president who has led the Commission's so-far fruitless efforts to get Poland to change course, acknowledged that the situation with Warsaw was "different" because the new government had engaged in a dialogue with Brussels.

"But obviously a dialogue is only useful when it produces results," Timmermans told reporters after Tuesday's meeting.

"I can't see any political appetite for triggering the Article 7 procedure in the Council" -- Polish diplomat


Sandro Gozi, Italy's EU affairs minister, said dialogue was "very important."

"But it's time for concrete results -- concrete results now," Gozi added.

Ann Linde, the Swedish minister for EU affairs and trade, expressed frustration that Warsaw had taken so long to engage with the Commission.

"It is really the last minute for this. This dialogue would have started a year ago but Poland did not want to," she said.

But a Polish diplomat voiced confidence that Warsaw would escape censure.

"I can't see any political appetite for triggering the Article 7 procedure in the Council," the diplomat said. "I don't think we are going to get into voting."




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