THERE WILL BE NO LENIENCY Jan Truszczyński, former Polish ambassador to the European Union (1996-2001), talks to Witold Żygulski.
T
he Polish government claims that the European Union has already accepted the National Recovery Plan (KPO) and that the inflow of EU money will take place at the end of the year; at the same time, the head of the European Commission, Ursula von der Leyen, has stipulated that payment will only be possible after Warsaw fulfills the so-called milestones... The content of the National Recovery Plan has been agreed. The document is almost 500 pages long, devoted mainly to investments improving the competitiveness of the Polish economy and its resilience, and modernizing it. It is about keeping pace with the green revolution and the digital revolution. The agreement includes many commitments from Poland on ongoing reforms and their modification. One of these commitments is to act for greater independence of the courts and judges. These are three specific milestones that have been the focus of attention for the Polish opposition and public in recent weeks. The content of these commitments to be fulfilled by Poland is described quite precisely. I am not sure how great the discrepancy is between what the Polish government commits to in the milestones and what
THE LEGAL AND STATUTORY OBLIGATIONS MUST BE FULFILLED BY THE END OF THE SECOND QUARTER OF THIS YEAR. IF THIS DOES NOT HAPPEN, THERE WILL BE NO MONEY 8
Summer 2022
is contained in the amendment to the Supreme Court Act abolishing the Disciplinary Chamber and creating a new disciplinary system in the Polish judiciary. What will count in the future is Poland’s fulfillment of the obligations contained in the KPO. If they are not fulfilled, there will be no money. Either the first tranche of funds will be paid out, or the EC will wait until the milestones are met. This is the legal and factual situation today. A few days after the EC’s decision conditionally accepting the Polish KPO (which, by the way, took place against the backdrop of opposition from several commissioners, which in itself was unique), its attitude was criticized by the European Parliament... Indeed, it is difficult to find a similar example in the recent history of the functioning of the most important European institutions. It is understandable to me that some MEPs criticize the EC, believing, as do some critics in Poland, that we should have waited to agree on the final content of the KPO until we knew the final shape of the law abolishing the Disciplinary Chamber. I am not sure that this is the way to look at it. What is crucial is what the authorities in Warsaw have agreed to, i.e. the essence of the Polish commitments in the KPO plan, what the Polish side must do to receive the money under the first tranche. The legal and statutory obligations must be fulfilled by the end of the second quarter of this year. If this does not happen, there will be no money. If these obligations are only partially fulfilled, there will be no money either, until the milestones are fully met. Verification will be swift and precise. Of course, one can speculate today whether there is any margin for interpretation of these commitments; perhaps when the Polish government says that it has fulfilled 100 percent and the EC considers that, in its opinion, it is 96 percent, for example, it will agree to pay out the funds. So, I can imagine a scenario in which incomplete fulfillment of one of the milestones is nevertheless considThe Warsaw Voice
