The European Commission has refused to say whether it would launch legal action over Poland’s refusal to implement the Pact on Migration and Asylum.
Brussels remained conspicuously silent after Poland doubled down on its refusal to implement the Pact on Migration and Asylum, which was once described as a “historical” legislative achievement to allow member states to manage the arrival of asylum seekers in collaboration with each other.
The scene played out in plain view on Wednesday evening, after a meeting of home affairs ministers chaired by the Polish presidency of the European Council.
Tomasz Siemoniak, Poland’s Minister of Interior, was asked point blank if his country would comply with the Migration Pact, which consists of five separate but interlinked laws that were painstakingly negotiated in the previous mandate.
Siemoniak, speaking next to Magnus Brunner, European Commissioner for Internal Affairs and Migration, said implementing the legislative overhaul “was not possible,” citing the previous arguments voiced by Polish Prime Minister Donald Tusk.
In early February, Tusk told Ursula von der Leyen, the pact’s main proponent, that Poland was in a “particular position” due to the migration flows instrumentalised by Belarus at the Eastern border and the mass arrival of Ukrainians who fled Russia’s war.
“Poland will not accept any burdens related to the relocation mechanism. This is not an ideological debate,” Tusk said, referring to “huge” migratory pressure.
“If somebody says that Poland is expected to shoulder an additional burden, irrespective of who says that, my response is Poland will not accept an additional burden. Full stop.”
The Pact’s central pillar is a novel mechanism of “mandatory solidarity” that will give governments three different options: relocate a certain number of asylum seekers, pay a financial contribution or provide operational support, such as personnel and equipment. The relocations need to reach 30,000 per year, and the financial contributions €600 million.
From the start till the end of the negotiations, Poland, together with Hungary, firmly opposed the solidarity mechanism, claiming it would force them to take in migrants against their will.
That claim, however, is incorrect given the pact provides two additional options. It also offers partial or total exemptions for countries deemed to be under migratory pressure.
On Wednesday, Siemoniak said that Poland’s position was “quite clear” and that “nothing has changed” since Tusk’s remarks in February.
“We have presented the reasons why the implementation of the pact is not possible,” he said, speaking Polish. “In particular, as Prime Minister Tusk has mentioned, when it comes to Poland’s security.”
Siemoniak noted his country remained open to other initiatives related to speeding up deportations or combatting instrumentalised migration, but not the aforementioned pact.
Standing by his side, Brunner did not push back.
Asked by Euronews if the Commission, which is tasked with ensuring the correct application of EU law, would launch legal action against Poland over its refusal, Brunner avoided the question and instead praised the country’s actions.
“Poland is very active in its presidency on these topics when it comes to returns, when it comes to other topics (like) weaponisation,” Brunner said.
“I think Poland is such an important partner on that (front) and is doing a very active job as the presidency. And the rest has been said.”
During his confirmation hearing in November, Brunner had committed to launching legal action against countries that rebuffed the legislation.
On Wednesday, however, he did not voice such commitment.
The Pact is legally binding for all 27 member states and is expected to enter into force in 2026. Before then, the Commission has asked member states to submit national implementation plans, indicating their preparedness to apply the comprehensive set of rules and the extra resources they need to make the Pact a reality on the ground.
As of today, Poland has not submitted its plan.
This article has been updated with more information.
