Jan Strupczewski, John Chalmers

BRUSSELS, (Reuters) – The chief executive of the European Commission warned Poland Tuesday that any challenge to European Union law’s supremacy would be a serious offense and should not be ignored.

Last week, the Polish Constitutional Tribunal declared that certain parts of EU law were incompatible with Polish Constitution. This undermined the foundations of the union and raised fears about Poland leaving the bloc.

The ruling Law and Justice party in Poland claims it does not plan to “Polexit”. However, unlike Britain’s Brexit vote in 2016, Poland still has a high level of support for EU membership.

Other member states were dismayed at Warsaw’s defiance towards the EU. This included Prime Minister Mateusz Morawiecki’s letter on Monday claiming that Warsaw was engaging in mission creep. He warned of a “centrally managed organization, governed and ruled by institutions without democratic control.”

“DEEPLY SHOCKING”

Ursula von der Leyen (President of European Commission) presented three possible responses to the Polish court’s attacks on EU law primacy.

“The European Commission, currently, is carefully reviewing this decision. However, I have already spoken out to say that I was deeply disturbed by the decision. This ruling puts into doubt the foundations and legitimacy of the European Union. This ruling is an attack on the unity and legality of the European order.

The first is “infringements”, in which the European Commission legal challenges the Polish court judgment. Fines could be imposed.

A conditionality mechanism or other financial instruments could also be used to withhold EU funds from Poland.

It is not likely that Warsaw will receive the 12.1 billion cheap loans and 23.9 billion grants it requested as part of EU’s recovery fund following the COVID-19 pandemic.

Even more, the EU could block Polish acces to EU funds for structural and development projects. The budget is estimated at 70 billion euros.

Von der Leyen suggested that Article 7 could be used to apply the EU’s conventions. This allows member states to suspend their rights, including voting on EU decisions.

Morawiecki was the next speaker in the EU assembly. He accused the bloc overstepping its limits.

“EU competences are defined, and we cannot ignore when they are crossed. “We are for European universalalism but not European centralism,” said he.

A series of parliament members then stood up and criticized the leader of Poland, while EU ministers gathered in Luxembourg also joined the chorus.

Minister for European Affairs Finland stated that there is no solution to the problem and suggested the European Commission should act.

Tytti Tippurainen said that they did not intend to send anyone away. “We understand the desire of the Polish people for the EU to remain as members, but will not compromise its value base.”