Poland told to ‘respect the rules’ of EU club in rule-of-law row
The argument now distracting and dominating the European Union is an unequal battle with the potential for far-reaching consequences.
On one side is Poland, enthusiastically supported by Hungary, and determined to prove that one of the fundamental tenets of European solidarity isn’t so fundamental after all.
On the other side is, well, just about everyone else. Some of them pressing for a conciliatory “let’s not be too harsh” debate; others wanting to go in hard.
The cause of all this anger is one of those bits of domestic news that sounds dry but has explosive potential.
Belgium Prime Minister Alexander De Croo speaks to journalists at the summit
In short, the country’s top court, acting on a request from Prime Minister Mateusz Morawiecki, declared that, in some areas, the national constitution took precedence over European law.
And that has set great, big alarm bells ringing. Because the golden rule of EU Club is that EU Club laws always come first. They must take primacy, to coin a phrase that has popped up a lot over the past few days.
“If you want to have the advantages of being in a club, then you need to respect the rules,” Belgian Prime Minister Alexander de Croo said. “You can’t be a member of a club and say ‘the rules don’t apply to me’.”
The Polish Prime Minister does not agree, accusing the EU of “blackmail” because of suggestions that Poland could now face sanctions. He said his country was “ready for dialogue” but refused to distance himself from the controversial court ruling.
There is no mechanism for throwing Poland out of the EU (not that anybody would want to go anywhere near that far) and, realistically, Poland has no desire to leave, either. So instead, the question is whether the EU wants to levy a punishment.
That could mean withholding financial payments, for instance, or curtailing the country’s rights as a member state.
It wouldn’t be unprecedented – Poland is already facing daily fines of half a million Euros for continuing to extract lignite from a mine near the border with the Czech Republic in defiance of a court order. There is a suspicion that Mr Morawiecki is rather relishing his battle with Brussels.
Mr Morawiecki at a round table meeting at an EU summit in Brussels
But he is not alone. Viktor Orban, the populist Prime Minister of Hungary, has repeatedly infuriated the EU with his own policies. Here, he came to town ready to leap to Poland’s defence.
“Poland – the best country in Europe – there’s no need to have any sanctions,” he said.
“We are not building fronts here, we are fighting for issues which are important for our own nations. So we make an alliance and fight together – this is the logic we are doing here. It’s not like the cold war or something like that, creating blocs.”
So, I asked Mr Orban, did he agree – did he think that Hungarian law held primacy over EU law?
He smiled. In fact, he almost laughed. “The fact is very clear that the primacy of EU law is not in the treaty at all. So the EU has primacy where it has competences. The question is about the competences.
“What’s going on here is that – regularly – European Institutions circumvent the rights of the national parliament and government and modify the treaty without having any legitimate authority to do so. So the Polish are right.”
He told me there was no schism between the east and west of Europe, but rather “between common sense and non-common sense”. With a shrug, he declared that the idea of levying sanctions against Poland was “ridiculous”.
So we are heading for a proper row. Is it worth it – the EU going into a political battle with one of its own members? It’s a question I put to the Dutch Prime Minister, Mark Rutte.
Dutch Prime Minister Mark Rutte says Poland has to take ‘the necessary steps’
“I think we have to be tough but I think the question is how do you get there,” he told me. “My argument will be that the independence of the Polish judiciary is the key issue which we have to discuss and we have to settle.
“Poland has to take the necessary steps – that is non-negotiable. This has to do with the foundations of our democracy in this part of the world. So here we cannot negotiate.”
Of course, the EU has plenty of form at creating a crisis, only to then come up with a way to solve it. But this doesn’t feel stage-managed. It feels awkward and painful – the Germans, for instance, don’t seem to want to interfere, but nor do they want to be seen as too passive.
But Poland has popped up repeatedly in recent missives from Brussels. Its border with Belarus has been the site for migrants being pushed towards Europe by President Lukashenko, only to be stopped in their tracks by the Polish police.
Its rules on LGBTQ+ rights have been widely criticised, as have the country’s laws on equality.
And, just like Mr Orban, Poland’s prime minister seems to see political capital in having a row with other EU leaders (especially ones from the west) while retaining the financial advantages of EU membership.
So this won’t end with Poland leaving, or being dismissed from the club. But we may be heading for an almighty row, that leads to… we don’t know where.
The Women’s Euros begin in Switzerland today – with extreme heat warnings in place.
Security measures have had to be relaxed by UEFA for the opening matches so fans can bring in water bottles.
Temperatures could be about 30C (86F) when the Swiss hosts open their campaign against Norway in Basel this evening.
Players have already seen the impact of heatwaves this summer at the men’s Club World Cup in the US.
The Spain squad pauses for refreshments during a training session. Pic: AP
It is raising new concerns in the global players’ union about whether the stars of the sport are being protected in hot and humid conditions.
FIFPRO has asked FIFA to allow cooling breaks every 15 minutes rather than just in the 30th minute of each half.
There’s also a request for half-time to be extended from 15 to 20 minutes to help lower the core temperature of players.
FIFPRO’s medical director, Dr Vincent Gouttebarge, said: “There are some very challenging weather conditions that we anticipated a couple of weeks ago already, that was already communicated to FIFA.
“And I think the past few weeks were confirmation of all worries that the heat conditions will play a negative role for the performance and the health of the players.”
Football has seemed focused on players and fans baking in the Middle East – but scorching summers in Europe and the US are becoming increasingly problematic for sport.
England are the tournament’s defending champions. Pic: AP
While climate change is a factor, the issue is not new and at the 1994 World Cup, players were steaming as temperatures rose in the US.
There is now more awareness of the need for mitigation measures among players and their international union.
FIFPRO feels football officials weren’t responsive when it asked for kick-off times to be moved from the fierce afternoon heat in the US for the first 32-team Club World Cup.
FIFA has to balance the needs of fans and broadcasters with welfare, with no desire to load all the matches in the same evening time slots.
Electric storms have also seen six games stopped, including a two-hour pause during a Chelsea game at the weekend.
This is the dress rehearsal for the World Cup next summer, which is mostly in the US.
Players are also feeling the heat at the Club World Cup. Pic: AP
The use of more indoor, air conditioned stadiums should help.
There is no prospect of moving the World Cup to winter, as Qatar had to do in 2022.
And looking further ahead to this time in 2030, there will be World Cup matches in Spain, Portugal and Morocco. The temperatures this week have been hitting 40C (104F) in some host cities.
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FIFA said in a statement to Sky News: “Heat conditions are a serious topic that affect football globally.
“At the FCWC some significant and progressive measures are being taken to protect the players from the heat. For instance, cooling breaks were implemented in 31 out of 54 matches so far.
“Discussions on how to deal with heat conditions need to take place collectively and FIFA stands ready to facilitate this dialogue, including through the Task Force on Player Welfare, and to receive constructive input from all stakeholders on how to further enhance heat management.
“In all of this, the protection of players must be at the centre.”
Around 14 million people could die across the world over the next five years because of cuts to the US Agency for International Development (USAID), researchers have warned.
Children under five are expected to make up around a third (4.5 million) of the mortalities, according to a study published in The Lancet medical journal.
Estimates showed that “unless the abrupt funding cuts announced and implemented in the first half of 2025 are reversed, a staggering number of avoidable deaths could occur by 2030”.
“Beyond causing millions of avoidable deaths – particularly among the most vulnerable – these cuts risk reversing decades of progress in health and socioeconomic development in LMICs [low and middle-income countries],” the report said.
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USAID programmes have prevented the deaths of more than 91 million people, around a third of them among children, the study suggests.
The agency’s work has been linked to a 65% fall in deaths from HIV/AIDS, or 25.5 million people.
Eight million deaths from malaria, more than half the total, around 11 million from diarrheal diseases and nearly five million from tuberculosis (TB), have also been prevented.
USAID has been vital in improving global health, “especially in LMICs, particularly African nations,” according to the report.
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Established in 1961, the agency was tasked with providing humanitarian assistance and helping economic growth in developing countries, especially those deemed strategic to Washington.
But the Trump administration has made little secret of its antipathy towards the agency, which became an early victim of cuts carried out by the Department of Government Efficiency (DOGE) – formerly led by Elon Musk – in what the US government said was part of a broader plan to remove wasteful spending.
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What is USAID?
In March, US Secretary of State Marco Rubio said more than 80% of USAID schemes had been closed following a six-week review, leaving around 1,000 active.
The US is the world’s largest humanitarian aid donor, providing around $61bn (£44bn) in foreign assistance last year, according to government data, or at least 38% of the total, and USAID is the world’s leading donor for humanitarian and development aid, the report said.
Between 2017 and 2020, the agency responded to more than 240 natural disasters and crises worldwide – and in 2016 it sent food assistance to more than 53 million people across 47 countries.
The study assessed all-age and all-cause mortality rates in 133 countries and territories, including all those classified as low and middle-income, supported by USAID from 2001 to 2021.
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