EU conditionality mechanism should be checked by Constitutional Court: MoJ

Zbigniew Ziobro, the Polish Justice Minister, the General Prosecutor and the leader of the junior coalition Solidarity Poland (SP) party announced that he will apply to check whether the mechanism linking EU funds with the rule-of-law is in line with the Polish constitution.

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“As a General Prosecutor I will apply to the Constitutional Court [TK] to acknowledge that the ordinance of the European Commission concerning the use of the rule-of-law mechanism is in line with Polish law,” Mr Ziobro announced on social media.

Mr Ziobro’s party has been opposing the ordinance of the EC from the beginning. Politicians from the party called for a veto, which Poland and Hungary suggested might occur if the remarks of Warsaw and Budapest to the EU budget were not included.

“One cannot be, begging-you-pardon ‘a soft-guy’ during negotiation, but one needs to be tough and capable of taking care of the national interest of their own country, Poland,” Mr Ziobro said at that time. Other SP politicians also called for a veto, using the phrase “Veto or death!.”

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The Member States of the EU finally reached an agreement about the budget in December. SP criticised it, and Janusz Kowalski, a deputy State Assets Minister called for the party to leave the ruling coalition. His motion lost in a vote 12-8.

A compromise was possible because the mechanism in question is to be combined with specific guidelines and conditions regarding its use. This allowed Poland and Hungary to withdraw their objection.

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