The European Commission has refused to say whether it will take legal action over Poland’s refusal to honour the Migration and Asylum Pact, Euronews reports.
Brussels has remained silent after Poland doubled down on its refusal to honour the Migration and Asylum Pact, which was once hailed as a “historic” legislative achievement that allowed member states to regulate the arrival of asylum seekers in cooperation with each other.
The scene played out in full view on Wednesday evening, following a meeting of interior ministers under Poland’s presidency of the European Council.
Tomasz Siemoniak, Poland’s interior minister, was asked whether his country would honour the Migration Pact, which consists of five separate but interrelated laws that were painstakingly negotiated during the previous mandate.
Siemoniak, speaking alongside Magnus Brunner, European Commissioner for Home Affairs and Migration, said implementing legislative reform was “impossible,” citing arguments previously 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 “special position” because of migration flows operated by Belarus on its eastern border and the mass arrival of Ukrainians.
“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.”
Central to the pact is a new “compulsory solidarity” mechanism that gives governments three options: relocate a certain number of asylum seekers, pay a financial contribution or provide operational support such as staff and equipment. Resettlement must reach 30,000 people per year and financial contributions must reach 600 million euros.
Poland and Hungary oppose the Pact
From the beginning to the end of the negotiations, Poland, together with Hungary, strongly opposed the solidarity mechanism, arguing that it would force them to accept migrants against their will.
However, this claim is incorrect, as the pact provides two additional options. It also offers partial or full exemptions for countries deemed to be under migratory pressure.
On Wednesday, Siemoniak said Poland’s position was “perfectly 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 said his country remained open to other initiatives related to speeding up deportations or fighting instrumental migration, but not the aforementioned pact.
Brunner, who was standing next to him, did not object.
Asked by Euronews whether the Commission, tasked with overseeing the correct application of EU law, would take legal action against Poland over its refusal, Brunner dodged 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 pledged to launch legal action against countries that reject the legislation. However, he did not make that pledge public on Wednesday.
The Pact is legally binding on all 27 member states and is expected to enter into force in 2026. Until then, the Commission has asked member states to submit national implementation plans indicating their willingness to apply a comprehensive set of rules and the additional resources needed to make the Pact a reality on the ground. As of today, Poland has not submitted a plan.
