Germans can, and Poland… cannot. Czaputowicz on the hypocrisy of European institutions: It adds to the impression that we are treated differently

The European Commission has referred Poland to the Court of Justice of the European Union (CJEU) and we will defend our position. We will address all the charges. I hope that our arguments will be taken into account - said the Minister of Foreign Affairs Jacek Czaputowicz on Tuesday in an interview for „DGP”.

The Commission has filed a complaint and we will defend our position. This is a normal dispute resolution procedure. Poland will submit a written reply within two months of delivery. We will address all the charges. I hope our arguments will be taken into account

— said Czaputowicz when asked about the complaint of the European Commission, which was sent to the CJEU.

When asked whether Poland would obey the interim order, he replied that, in the first place, it is difficult to predict whether the EC’s proposals to issue an interim order will be upheld by the Tribunal, which in this matter adjudicates as one-person panel. We will take full advantage of the opportunity to present our position. So far, Poland has always complied with the decisions of the CJEU, for example in the case of deforestation of Białowieża Forest, so there is no reason to expect a different situation

— he said.

As a reply to the journalist’s remark, that in the case of Białowieża Forest we did it only because we had been threatened with penalties, he replied that Poland complied with the expectations of the CJEU.

There were indications to continue the logging - we wanted to stop the expansion of the woodworm. Now we are hearing that in a similar situation in Germany, tree felling was considered an appropriate means of protecting the forests. It adds to the impression that we are treated differently; that double standards are being applied. The case of the reform of judiciary is similar. Some of our solutions are criticized but at the same time they are applied and function well in other countries

— he pointed out.

Asked whether he expects the Polish case to be frozen in the EU Council while it is being adjudicated by the ECJ, he said:

For the present, we know that there will not be another hearing during the next session of the council. We are ready for discussion; nevertheless a possible debate could be viewed as influencing the court. I am afraid, however, that the European Parliament will want to exert political pressure on us. I have such an impression after hearing many MEPs.

Asked how many countries are on our side, Czaputowicz said that he believed that the majority, however, as he added, no one counts it in this way.

I think that all countries will agree that we have to wait for a court decision before any recommendations are issued. When the EC disputes with a member state the outcome of such dispute may be in favor of the EU or a Member State. It could happen that the council would make recommendations that would be at odds with the decision of the CJEU

— he stated

When asked whether Poland will block a regulation which makes the amount of funds transferred conditional on fulfillment of the rule of law, Czaputowicz replied that Poland is a leader in terms of compliance with the law of the European Union.

The problem is that there are no clear criteria for assessing compliance with the law. Such criteria could be, for example, the execution of judgments or the proper issuing of EU funds. However, such substantive, measurable parameters have not been presented. Poland is a leader in all hard criteria. I would like to remind you that many states still have not executed all the rulings of the CJEU; more than 50 judgments are awaiting implementation. There are countries that do not respect the EU rule that the budget deficit should not amount to 3%. GDP, which weakens the Union, because the market is becoming incoherent. However, the discussion about these proposals is not about the law but about the pressure on such countries as Poland. We plead in favor of a strong Union and compliance with EU law by all its members, but we will be against these regulations as they have been presented by the originators

— he said.

Asked, who is supporting us in blocking this regulation, Czaputowicz said that many countries have some objections regarding its provisions.

The European Court of Auditors has also referred to it with some reserve. We should wait until the final reactions of the Member States

— he said.

When asked if Poland’s referral to the CJEU over the matter of delegated workers was a retaliatory measure in connection with the EC complaint regarding the Supreme Court Act, Czaputowicz said that it certainly was not and that these are two independent matters.

States have disputes with the Commission in various areas. We believe that the EU is based on four freedoms, including those regarding the provision of services. Meanwhile, we are observing in the Union protectionist measures, usually taken under the noble slogans of protection of social rights

— he said.

This does not contribute to the development of the EU. Some countries, instead of reforming their economies and striving to increase productivity, want to limit competition. This violates the rights of our citizens

— he added.

When asked whether, in addition to the CUE’s following our position, we also hope for delaying the unfavorable changes in the market, he replied:

It is a matter that raises our serious concerns and we want it to be resolved by the Tribunal.

He emphasized that he would not draw far-reaching conclusions and that the discussion on whether the Union should be a more competitive or protectionist community is underway.

Poland advocates greater competitiveness, because, among others, thanks to it we are currently developing the fastest, at the level of 5 percent. Thus, we positively influence the development of the entire Union. States that introduce protectionism contribute to the weakening of the community

— he said.

Tłum: KJ