Asked if Duda's move had complicated the situation, Szynkowski vel Sek said it had "brought an element of surprise," but it should not hinder Poland's access to the funding. He added that Duda's decision had been his "constitutional prerogative."
Radek Pietruszka/PAP

Poland will get access to EU post-pandemic funding despite the president referring a key piece of legislation, which aims to meet conditions on accessing the fund, to the Constitutional Tribunal, Poland’s EU affairs minister said on Wednesday.

At the moment, the European Commission (EC) has frozen Poland out of billions of euros it could get from the fund until the Polish government meets certain conditions. In particular the EC wants Warsaw to withdraw or alter changes it made to the judicial system Brussels considers a threat to the independence of the Polish judiciary.

Legislation on the Supreme Court, tabled by Law and Justice, Poland’s governing party, which is designed to meet some conditions, has been passed by parliament.

But on Friday Poland’s president, Andrzej Duda, sent it to the tribunal after voicing reservations over its compliance with the Polish constitution.

Despite this, EU Affairs Minister Szymon Szynkowski vel Sek said on Wednesday, Poland will get the funding.

“It lies beyond any doubt that (the funding – PAP) will reach Poland,” he said in an interview for the RMF FM radio broadcaster. “The president’s decision to send the act to the Constitutional Tribunal will only somewhat delay the procedure.”

Asked if Duda’s move had complicated the situation, Szynkowski vel Sek said it had “brought an element of surprise,” but it should not hinder Poland’s access to the funding. He added that Duda’s decision had been his “constitutional prerogative.”

The EU’s rule-of-law objections largely concern a disciplinary chamber for judges established in the court, which the European Commission regards as an illegal restriction on judicial independence.

The new legislation could remove some of the EU’s misgivings by moving all disciplinary and immunity cases of judges to the Supreme Administrative Court.