Contrary to the reassuring statements of the government, Deputy Prime Minister Władysław Kosiniak-Kamysz, and media outlets supportive of the current administration, the EU defense program SAFE (Security Action for Europe) contains a mechanism that allows Brussels to arbitrarily block funds for Poland. As can be easily verified, the program is based on the very same Regulation 2020/2092 that was used in 2022 for political and financial pressure against our country and to force changes to the Polish judiciary.
The government of Donald Tusk, along with supportive media led by TVN24, is conducting a coordinated disinformation campaign. They are trying to convince Poles that the so-called conditionality in the new SAFE defense program concerns only financial matters, such as corruption or embezzlement. Today, during a debate with senators, Deputy Prime Minister Władysław Kosiniak-Kamysz also argued that the conditionality in the SAFE program relates solely to the proper spending of funds. He even added that this principle has never been used against Poland.
This is not true. An analysis of EU documents clearly shows that Brussels is once again preparing a gateway for interference in Poland’s internal affairs – this time by playing with our security.
What Is Hidden in Point 35
To understand the threat, it is enough to look at the regulation establishing the SAFE program. Point 35 of the preamble explicitly states that these provisions must be implemented in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
What is this 2020 document? It is the infamous regulation “on a general regime of conditionality for the protection of the Union budget.” Although it ostensibly aims to protect finances, the definition of the “rule of law” in Article 2 is so broad and vague that it allows officials of the European Commission to interpret it politically. It includes, among other things, “effective judicial protection,” “non-discrimination,” “independent courts,” and “prohibition of arbitrariness by executive authorities.”
It was precisely this mechanism that, in recent years, was treated as the “nuclear option” used to threaten and pressure the government of the United Right.
Brussels Has Already Used This Leverage
When politicians of the December 13 Coalition claim today that the mechanism is safe, they forget – or deliberately remain silent about – how the European Parliament used it for political attacks. It is enough to recall two resolutions from 2022 that were clear attempts to discipline Poland.
In the resolution of March 10, 2022 (P9_TA(2022)0074), the European Parliament called on the Commission to “take urgent action and immediately apply the rule of law conditionality mechanism.” Members of the European Parliament demanded that Poland be penalized without delay.
An even more curious situation occurred on June 9, 2022 (resolution P9_TA(2022)0240). At that time, the European Parliament expressed “deep concern at the Commission’s positive assessment of 1 June 2022 of the Polish recovery and resilience plan.” MEPs explicitly pressed for Poland’s funds not to be disbursed until the country met all demands concerning the judiciary – including the reinstatement of specific judges and changes to the disciplinary system. Sean Kelly, a representative of the European People’s Party (EPP) – the same political family to which Civic Platform (PO) belongs – said that day in the European Parliament:
“I voted in favour of this resolution, which outlines Parliament’s concerns regarding the Commission’s recent positive assessment of Poland’s recovery and resilience plan. There is no doubt that serious and persistent breaches of the rule of law are multiplying in Poland, and the Commission would be right to stick to clear funding-related conditions under the RRF when approving Poland’s plans. European funds cannot be transferred to a country whose government continues to disregard the rulings of the Court of Justice of the European Union and the European Court of Human Rights, as well as the primacy of EU law.”
Both of these resolutions explicitly referred to Regulation 2020/2092 on conditionality.
The “Nuclear Option”
It is worth recalling the sequence of events in 2022. On February 16, the Court of Justice of the European Union dismissed Poland’s complaint against Regulation 2020/2092, thereby upholding this discretionary mechanism. On March 10, 2022, the aforementioned European Parliament resolution referring to Regulation 2020/2092 was adopted. On March 18, 2022, the European Commission published its Guidelines (2022/C 123/02) on the application of Regulation 2020/2092 on a general regime of conditionality for the protection of the Union budget – indicating that breaches of the rule of law could concern such broad issues as “threats to judicial independence” or “failure to implement judgments.” Shortly before the second, June resolution of the European Parliament invoking Regulation 2020/2092 – on May 26, 2022 – the Polish Sejm adopted a law abolishing the Disciplinary Chamber of the Supreme Court. This was therefore a direct consequence of pressure exerted through the very same regulation that has now been incorporated into the SAFE program.
Poland’s Security at the Mercy of Eurocrats?
Today, the situation is far more serious. In the case of the National Recovery Plan (KPO), the issue concerned funds for post-pandemic economic recovery. In the case of the SAFE (Security Action for Europe) program, the stake is Poland’s military security in the face of threats from the East.
The consent of Tusk’s government to link defense funding with the political mechanism of Regulation 2020/2092 is therefore an act of extreme irresponsibility. What guarantee do we have that in the future – when the independence-oriented camp returns to power in Poland – Brussels will not once again use this instrument? Will Sean Kelly or another EPP politician rise again and declare that Poland does not deserve funds for tanks and ammunition because the Polish government “disregards the primacy of EU law”?