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.
Brazil was “a bit surprised” Britain hasn’t contributed to a new investment fund to protect tropical forests, despite having helped to design it, a senior official has told Sky News.
The Amazon nation has used its role as host of the COP30 climate talks to tout its new scheme, which it drew up with the help of countries including the UK and Indonesia.
With Britain’s budget day looming, Prime Minister Sir Keir Starmer decided against chipping in when he visited the Amazonian city of Belem this month.
The news came out the day before Brazil was about to launch it.
“The Brazilians were livid” about the timing, one source told Sky News.
Lush rainforest and waterways in the Brazilian Amazon
A waterfall in Kayapo territory in Brazil
Garo Batmanian, director-general of the Brazilian Forestry Service and coordinator of the new scheme, said: “We were expecting [Britain to pay in] because the UK was the very first one to support us.”
The so-called Tropical Forests Forever Facility (TFFF) was drawn up with the help of “very bright people from the UK”, according to Mr Batmanian.
“So we are a bit surprised, but we expect that once internal situations get better, hopefully they will come through,” he added.
The UK’s climate envoy, Rachel Kyte, told Sky News: “The PM agreed the decision was about not doing it now, as opposed to not ever.
“We will look at the TFFF after the budget and are carefully tracking how others are investing.”
Forest growing back from a fire (bottom left) and deforestation alongside healthy sections of Amazon rainforest
The fund has been hailed as a breakthrough – if Brazil can get if off the ground.
Paul Polman, former Unilever boss and now co-vice chair of Planetary Guardians, said it could be the “first forest-finance plan big enough to change the game”.
Why do tropical forests need help?
At their best, tropical forests like the Amazon and the Congo Basin provide food, rainfall and clean air for millions of people around the world.
They soak up carbon dioxide – the main driver of climate change – providing a cooling effect on a heating planet.
But they are being nibbled away at by extractive industries like oil, logging, soy and gold.
Parts of the Amazon rainforest already emit more carbon dioxide than they store.
Other pockets are expected to collapse in the next few decades, meaning they’d no longer be rainforests at all.
Read more from COP30:
Climate protest in Brazilian city aims to hold governments’ feet to the fire
Are climate summits saving the world – or just hot air?
COP30 – why is it so controversial?
Greenpeace says deforested land could be better used, which would save the need for more land to be cleared
Cristiane Mazzetti, senior forest campaigner at Greenpeace Brazil, said: “Science is saying we need to immediately stop deforestation and start restoring what was once lost.
“And in Brazil, we already have enough open land that could be better used for agricultural expansion… There is no need [to open up] new areas.”
Can Brazil’s new investment fund save the world’s rainforests?
For decades, forests have been worth more dead than alive.
Successive attempts to save them have fallen flat because they’ve not been able to flip the economics in favour of conservation, or ensure a long-term stream of cash.
Brazil hopes the TFFF, if it launches, would make forests worth more standing than cut down, and pay out to countries and communities making that happen.
Mining is a lucrative industry in the Amazon. Pic: Reuters
“We don’t pay only for carbon, we are paying for a hectare of standing forest. The more forests you have, the more you are paid,” said Mr Batmanian.
The other “innovation” is to stop relying on aid donations, he said.
“There is a lot of demand for overseas development assistance. It’s normal to have that. We have a lot of crisis, pandemics, epidemics out there.”
Instead, the TFFF is an investment fund that would compete with other commercial propositions.
Mr Polman said: “This isn’t charity, it’s smart economic infrastructure to protect the Amazon and keep our planet safe.”
How does the TFFF raise money?
The idea is to raise a first tranche of cash from governments that can de-risk the fund for private investors.
Every $1 invested by governments could attract a further $4 of private cash.
The TFFF would then be able to take a higher amount of risk to raise above-market returns, Brazil hopes.
That means it could generate enough cash to pay competitive returns to investors and payments to the eligible countries and communities keeping their tropical trees upright.
At least 20% of the payments has been earmarked for indigenous communities, widely regarded as the best stewards of the land. Many, but not all, have welcomed the idea.
Will the TFFF work?
The proposal needs at least $10-25bn of government money to get off the ground.
So far it has raised $5.5bn from the likes of Norway, France, and Indonesia. And the World Bank has agreed to host it, signalling strong credibility.
But it’s a hard task to generate enough money to compete with lucrative industries like gold and oil, many of which governments already invest in.
Dr Andreza Aruska de Souza Santos, director, Brazil Institute, King’s College London
Dr Andreza Aruska de Souza Santos, director of King’s College London’s Brazil Institute, said TFFF has the potential to make it “very financially viable to have a forest as a forest”.
“But the problem is that TFFF would need to compete with these very profitable industries… because you need to capture as much money from governments, from investors.
“And so far it’s not quite balancing the competitiveness of other sectors that are potentially harmful for forests.”
Hot, humid, loud and proud: the climate protest in the city of Belem was the embodiment of the Amazonian rainforest that surrounds it.
Hawkers brought carts selling bananas, mangoes and coconuts – while demonstrators bore umbrellas, hats and fans to shelter from the scorching tropical sun.
After a week of dreary negotiations at the COP30 climate talks, the streets were alive with the drumming of maracatu music and dancing to local carimbo rhythms on Saturday.
It was a carnival atmosphere designed to elevate sober issues.
The climate protest in the city of Belem
Among those out on the streets were Kayapo people, an indigenous community living across the states of Para and Mato Grosso – the latter at the frontier of soy expansion in the Brazilian Amazon.
They are fighting local infrastructure projects like the new Ferrograo railway that will transport soy through their homeland.
The soy industry raises much-needed cash for Brazil’s economy – its second biggest export – but the kayapo say they do not get a slice of the benefit.
The climate protest
Read more:
Cop out: Is net zero dead?
COP30: Are climate summits saving the world – or just hot air?
Uti, a Kayapo community leader, said: “We do not accept the construction of the Ferrograo and some other projects.
“We Kayapo do not accept any of this being built on indigenous land.”
Many Brazilian indigenous and community groups here want legal recognition of the rights to their land – and on Friday, the Brazilian government agreed to designate two more territories to the Mundurucu people.
It’s a Brazilian lens on global issues – indigenous peoples are widely regarded as the best stewards of the land, but rarely rewarded for their efforts.
In fact, it is often a terrible opposite: grandmother Julia Chunil Catricura had been fighting to stay on Mapuche land in southern Chile, but disappeared earlier this year when she went out for a walk.
Lefimilla Catalina, also Mapuche, said she’s travelled two days to be here in Belem to raise the case of Julia, and to forge alliances with other groups.
The protest in the city of Belem
“At least [COP30] makes it visible” to the world that people are “facing conflicts” on their land, she said.
She added: “COP offers a tiny space [for indigenous people], and we want to be more involved.
“We want to have more influence, and that’s why we believe we have to take ownership of these spaces, we can’t stay out of it.”
They are joined by climate protesters from around the world in an effort to hold governments’ feet to the fire.
Louise Hutchins, convener of Make Polluters Pay Coalition International, said: “We’re here to say to governments they need to make the oil and gas companies pay up for the climate destruction – they’ve made billions in profits every day for the last 50 years.”
After three years of COPs with no protests – the UAE, Egypt, and Azerbaijan do not look kindly on people taking to the streets – this year demonstrators have defined the look, the tone and the soundtrack of the COP30 climate talks – and Saturday was no different.
Whether that will translate into anything more ambitious to come out of COP30 remains to be seen, with another week of negotiations still to go.
For now, the protests in Belem reflect the chaos, the mess and the beauty of Brazil, the COP process, and the rest of the world beyond.
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