‘We take rule of law seriously,’ Tusk says as he meets von der Leyen to unlock EU funds

“We remember that the rule of law is very important. It is about our place in Europe. It is about our common values,” Tusk said in a press statement together with European Commission President Ursula von der Leyen.

Under the previous hard-right government of the Law and Justice (PiS) party, Poland, one of the bloc’s largest countries, was locked in a showdown with Brussels over legal issues such as the independence of the judiciary, electoral interference and LGBTQ+ rights.

The drawn-out clash resulted in a record-breaking fine imposed by the European Court of Justice and the immobilisation of Poland’s recovery and resilience plan, which now combines €34.5 billion in low-interest loans and €25.3 billion in grants.

Separately, the European Commission is withholding over €76 billion in cohesion funds which Warsaw needs to cover the costs of development projects across the country.

“For far too long, the concerns about the rule of law have hampered our capacity to help Poland modernise its economy and implement the twin transition: green and digital,” von der Leyen said on Friday.

Donald Tusk, who hails from the same political family as von der Leyen, the centre-right European People’s Party (EPP), has vowed to reset relations with Brussels and achieve a swift resolution to unfreeze the billions in funds.

Before his appointment, the Commission had released €5.1 billion in “pre-financing” from the recovery and resilience plan to provide immediate liquidity for programmes that can strengthen energy independence and decrease imports of Russian fossil fuels.

“This is not a small gift,” Tusk told von der Leyen. “We will do our utmost to spend this money in a proper manner.”

While this “pre-financing” comes with no strings attached, the rest of the cash in the €60-billion plan is contingent upon the completion of three “super milestones,” two of which relate to the disciplinary chamber of the Supreme Court that the PiS-led government had controversially empowered to punish magistrates.

In a landmark ruling in June, the ECJ struck down the overhaul as a whole, calling it a violation of the right to have an “independent and impartial” judiciary.

Tusk, who was sworn in on Wednesday, is determined to use his three-party coalition to pass new legislation that can undo the harmful effects of the disciplinary chamber and therefore secure the release of the entire pot of frozen cash. But analysts warn his reforming efforts could be stymied by President Andrzej Duda, who is affiliated with PiS and wields veto power.

Poland submitted on Friday a payment request for €6.3 billion in grants and loans under its recovery and resilience plan. This request, the first one ever made by Warsaw, triggers an internal process inside the Commission to analyse the progress made under the “super milestones.” If the executive delivers a positive assessment, it will be sent to the Council for final approval. Only then will money begin to flow.

In her remarks on Friday, von der Leyen was optimistic that this would soon be the case.

“I look forward in particular to working closely together on addressing the milestones on judicial independence so that we can then proceed with the first payment,” she said.

“We will need to work hard. But in view of actions that you have taken so far and planning to take, I am hopeful that together we can resolve these issues.”