Poland

Poland will not implement the Pact on Migration and Asylum, the all-encompassing reform the European Union has introduced to collectively manage the irregular arrival of asylum seekers, Prime Minister Donald Tusk said on Friday, speaking right next to the main proponent of the legislative overhaul, Ursula von der Leyen.

The Pact, which is legally binding for all 27 member states, is expected to enter into force in 2026, although some countries are keen to activate certain elements before then.

Its 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, like personnel and equipment. The relocations need to reach 30,000 per year and the financial contributions, €600 million.

From the start to the end of the negotiations, Poland, together with Hungary, firmly opposed the Pact, as a whole, and the solidarity mechanism, in particular, claiming it would force them to take in migrants against their will. The Commission pushed back against these claims and stressed no mandatory relocations would ever take place, as the system is based on three different options

On Friday, Donald Tusk doubled down on this intense dislike for the Pact, flat-out telling von der Leyen, the president of the European Commission, that he would defy the legislation. The reason for this, he said, is because his country already hosts a large number of Ukrainian refugees who fled Russia’s invasion, “which puts us in a very particular position.”

“Poland will not implement the Migration Pact in a way that would introduce additional quotas of immigrants in Poland,” the Polish prime minister said in a joint press conference.

“We are ready to cooperate with everyone to protect Europe from illegal migration. However, Poland will not take on any additional burdens. We have already taken on more than anyone could have imagined just a few years ago.

Tusk noted his country would comply with other European laws that “help against illegal migration” but would forego the reform.

“The mechanism of relocation is not a mechanism protecting Europe against illegal migration,” he said. “The Pact is not the way to reduce illegal migration.”

The premier said that, despite his “friendship” with von der Leyen (both are members of the centre-right European People’s Party), he would not be swayed by “sentiments”.

“Poland will not accept any burdens related to the relocation mechanism. This is not an ideological debate. Poland is in a very particular situation. We’re under huge pressure from illegal migration,” he went on, referring to the migration flows that Belarus and Russia have instrumentalised at the Eastern border.

“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.”

‘Hybrid threat’

Standing by his side, Ursula von der Leyen, who previously hailed the Pact as a “historic” achievement to ensure burden-sharing across the bloc, said the European Commission would bear in mind the number of Ukrainian refugees hosted in Poland.

“Poland has shown, and is showing, extraordinary solidarity with Ukraine and hosting the largest number of Ukrainian refugees (for) almost three years now and this is something which absolutely has to be taken into account,” the Commission president said.

“This is something (that) the European Union will take not only into account but also respect this extraordinary solitary.”

Under the Pact, countries considered to be under “migratory pressure” will benefit from solidarity measures. For example, they could have some asylum seekers relocated to another member state or receive financial support and equipment. Moreover, they could benefit from a partial or total exemption from the system, meaning they will not be asked to relocate migrants within their territory or chip into the common fund.

The exemptions have not yet been announced and will only be made official after the legislation enters into force and the Commission publishes its annual report assessing the level of migratory pressure.

By making such a forceful case, Tusk appears to be pre-empting the Commission’s process and ensuring Poland secures a complete exemption by default.

It is not clear if a country that refuses to implement the Pact would benefit from the solidarity measures offered by other countries who do implement the Pact.

The Commission has previously threatened to open legal proceedings against member states that ignore the reform, insisting the legislation is binding for all 27, even those who voted against it. On Friday, von der Leyen refrained from echoing that position.

This is not the first time that Brussels has adapted its thinking to Warsaw’s.

Last year, after Tusk pitched a new plan to temporarily suspend the right to asylum in cases of instrumentalised migration, the Commission went on the record to stress all member states had an “obligation to provide access to the asylum procedure.”

As Tusk held his ground and gained political support, the Commission relented and eventually published guidelines to allow the suspension of fundamental rights in “exceptional” circumstances and for what is “strictly necessary.”

“This is not a question of migration, this is a question of national security,” von der Leyen said. “We see it as a hybrid threat.”

Friday’s visit of the College of Commissioners to Gdańsk took place in the framework of Poland’s six-month presidency of the EU Council, set to run until the end of June.

The presidency’s motto is: “Security, Europe!”