Will the Polish government finally listen to reason?

European leaders hope so and preferred to play the card of appeasement, Thursday, October 21, with Poland, in conflict with Brussels on the independence of justice and the primacy of European law, while reserving the possibility of crack down later.

The energy crisis, which threatens to derail the economic recovery, had previously been the subject of intense debates between the 27 at the summit, after Prague and Budapest questioned the European carbon market, main EU climate tool.

In the standoff with Warsaw, the heads of state and government reaffirmed "their conviction that the rule of law and judicial independence are absolutely fundamental", but temporized on the responses studied by Brussels, indicated a European source.

Guardian of the treaties, the President of the European Commission, Ursula von der Leyen, promised the European Parliament on Tuesday to crack down on Poland: she received the support of states to act, but without haste to give dialogue a chance and "continue to seek solutions, "said a European source.

The EU could launch a new infringement procedure that could lead to referral to European justice.

It also has a new mechanism which makes it possible to suspend payments of European funds to countries where violations of the rule of law affecting the Community budget are found. 

Several capitals also consider inconceivable the approval of the Polish stimulus plan of 36 billion euros, currently blocked by the Commission which calls for guarantees on judicial independence.

Warsaw supported by Budapest

Warsaw has been in conflict with Brussels for several years over judicial reforms undertaken by the ruling Nationalist Conservative Party (PiS), accused of undermining the independence of judges.

Tensions have increased since a decision, on October 7, of the Polish Constitutional Court, which declared certain articles of the European treaties incompatible with the national Constitution.

A decision denounced by Brussels as an unprecedented attack on the primacy of European law and the jurisdiction of the Court of Justice of the EU.

>> To read: Between Poland and the European Union, a "very predictable" escalation of tensions

Warsaw can count on the support of Budapest: "There is a witch hunt in Europe against Poland, the Poles are right", declared the sovereignist Viktor Orban, also regularly pinned by Brussels on questions of the rule of law .

The Dutch leader, Mark Rutte, had advocated firmness on his arrival in Brussels, deeming the independence of the judicial system "non-negotiable".

"Poland must take threats of financial sanctions very seriously," added its Austrian counterpart, Alexander Schallenberg.

"We will not act under the pressure of blackmail (but) we are ready for dialogue", retorted the head of the Polish government, Mateusz Morawiecki, in the afternoon after an interview with the French president Emmanuel Macron.

Germany has been keen to avoid a "confrontation" with Warsaw.

"Cascading litigation before the Court of Justice of the EU is not a rule of law solution," Chancellor Angela Merkel warned.

Conflict on the carbon market

On energy, the Twenty-Seven welcomed the "useful" tools proposed by the Commission to cushion the surge in prices (tax rebates, aid to households, etc.). At the request of the outgoing Czech Prime Minister, Andrej Babis, in particular, they also asked Brussels to "study" the energy markets to determine whether "certain behaviors" deserve sanctions.

Andrej Babis had temporarily blocked the adoption of conclusions on the subject, denouncing "speculation" on the European carbon market, together with his Polish counterpart.

In this market, where companies exchange "rights to pollute", the price of CO2 has more than doubled in one year to exceed the record level of 60 euros per tonne.

However, the Commission and experts estimate that only 1 / 5th of the increase in electricity prices is attributable to the carbon market.

>> To read: The energy crisis, "symptom of an ill-prepared ecological transition"

The EU's climate plan, of which the carbon market is a key instrument, "increases energy prices (...) and will kill the European middle class", for his part accused Viktor Orban.

The summit continued on Friday with the issue of migration on the menu, in particular with Belarus, accused of organizing an influx of migrants to the EU's borders, in retaliation for the sanctions adopted by the Twenty-Seven.

With AFP

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