For some time now, the Polish opposition has been urging Donald Tusk’s camp to challenge the EU–Mercosur agreement before the Court of Justice of the European Union. The government appears to be ignoring these calls — because, as it turns out, there is still no agreement within the ruling coalition on this issue. As reported by RMF FM, Warsaw is, for now, waiting for action from the European Parliament, hoping that the case may reach the CJEU through another route. This is due to a “fear of antagonizing” Brussels.
At the end of February, Ursula von der Leyen announced that the European Commission would begin the provisional application of the EU–Mercosur trade agreement. This became possible after at least one country ratified the deal. Uruguay’s parliament approved it first, followed by Argentina.
The agreement is being implemented despite protests by farmers across the EU. Opponents have pointed, among other things, to risks connected with food from South America not meeting EU standards. This is also happening despite a decision by the European Parliament, which called for the agreement to be examined by the CJEU.
The opposition in Poland continues to call on Donald Tusk’s government to refer the EU–Mercosur agreement to the CJEU. On the government’s side, however, nothing is happening.
EU–Mercosur agreement. Is Tusk afraid of Brussels?
As a reminder, in January the European Parliament supported a motion to examine the compatibility of the EU agreement with Mercosur countries with EU law. However, the document has still not been formally submitted to the Court of Justice of the European Union in Luxembourg. According to RMF FM’s latest findings, the motion is currently in the final stages of preparation within the Parliament’s legal services and is expected to be sent to the CJEU soon.
Only after its official submission and registration will Poland be able to join the case as a so-called intervening party. Such a status would allow Warsaw to support the proceedings with its own legal arguments. The European Parliament wants the CJEU to assess both the content of the agreement with Mercosur countries and the way it was processed. This includes, among other things, splitting it into a trade and a political part, which would allow national parliaments to be bypassed and enable the provisional application of the trade component. If Poland joins the case, its arguments will be considered on an equal footing with the Parliament’s motion, which could influence the final ruling.
Moreover, participation as an intervening party would grant Poland broad procedural rights. Warsaw would be able to review case files and the positions of all parties, submit its own written observations challenging the agreement, and speak during hearings before the CJEU judges. Such a framework would provide a real opportunity to strengthen the arguments presented by the European Parliament and increase the chances of the Court issuing a negative opinion on the Mercosur agreement. Proceedings of this kind usually last around two years. If the CJEU’s opinion were unfavorable to the agreement, it would mean the need to renegotiate the entire deal or amend EU treaties.
Has the matter stalled?
Nevertheless, the Polish government is not taking any concrete action in this regard. RMF FM reports that the matter has stalled, as confirmed by one of the politicians involved in discussions on Mercosur.
The same source admitted that for the Polish People’s Party (PSL), filing a complaint is important in terms of credibility with farmers. Meanwhile, within the Civic Coalition (KO), the prevailing view is that the agreement may be beneficial for Polish exporters, including in sectors such as machine parts and services, and that referring the case to the CJEU would be a confrontational move toward the European Commission — something Prime Minister Donald Tusk apparently wants to avoid.
The outlet notes that the Ministry of Agriculture, led by the PSL, supports filing a complaint but cannot act independently. Other ministries (under the Civic Coalition), which are also involved in the Mercosur agreement, are still conducting “analyses.”
“Currently, analyses are ongoing regarding Poland filing a complaint against the Council’s decision on the signing and provisional application of the Mercosur agreement to the Court of Justice of the European Union,” the Ministry of Agriculture stated.
According to RMF FM, various scenarios and possible consequences are being considered. These include the risk of entering into a dispute with the European Commission and worsening relations with Brussels, a realistic assessment of the chances of success of the complaint, the impact of the agreement on Poland’s trade balance, as well as the political costs of ignoring the Sejm’s resolution of March 13, which called on the government to refer the matter to the CJEU, and the stance of farmers.
As the RMF FM source claims, within the Civic Coalition there is a dominant reluctance — and fear — of an open conflict with the European Commission. At the same time, both the Ministry of Agriculture and government representatives officially emphasize that the deadline for filing the complaint is still running and does not expire until May 26.
“The Polish government is ignoring the Sejm’s resolution on this matter and is not fulfilling the promise made to Polish farmers by Wladyslaw Kosiniak-Kamysz. Prime Minister Tusk never intended to effectively block the agreement with Mercosur countries, and the Commission, by deciding on provisional application, is acting with complete impunity,” commented Confederation MEP Anna Brylka.