Poland told to ‘respect the rules’ of EU club in rule-of-law row

Published

3 years ago

October 21, 2021

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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.

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.

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.

“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.

World

Health warning issued as heatwave grips South and Southeast Asia

Published

6 hours ago

May 4, 2024

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Health warning issued as heatwave grips South and Southeast Asia

Countries in South and Southeast Asia have been coping with a weeks-long heatwave which has seen record temperatures sweep parts of the region.

Pupils in the Philippines, India and Bangladesh have been told to stay at home and learn remotely due to a severe health risk.

Schools in Cambodia have also cut back on their hours.

Cambodia faces its hottest temperature in 170 years, according to meteorologists – as high as 43C (109F).

Bangkok in Thailand has reached 40C (104 F), but the heat index is said to have topped 50 C (122 F) due to the heat being trapped among the mass of buildings.

The United Nations Children’s Fund warned in April that the heat could put the lives of millions of children at risk and asked people who care for them to take extra precautions.

A spokesperson for UNICEF said around 243 million children were exposed to hotter and longer heatwaves.

They said the increased heat was “putting them at risk of a multitude of heat-related illnesses, and even death”.

Thirty people in Thailand have died from heatstroke in the past month, according to data from the country’s health ministry.

People are being advised to avoid outdoor activities and to stay hydrated.

Several towns in Myanmar were included on lists of the hottest spots globally last month, with temperatures reaching 48.2C (118F) in at least one case.

Parts of eastern India also experienced their hottest April on record.

Kerala, on India’s west coast, this week instructed all schools and colleges to close until Monday, while influencers in Bangladesh have encouraging people to plant trees in response to the record heat.

Benjamin Horton, director of the Earth Observatory of Singapore, said there were three factors for heatwaves: a naturally-occurring climate phenomenon known as El Nino, an increase in global temperatures, and human-induced climate change.

Brazil is currently experiencing another climate phenomenon – La Nina – with 39 dead and 68 missing in floods across the country.

More than 24,000 people have been forced to leave their homes due to the flooding.

Scientists believe the naturally-occurring phenomenon has intensified due to the impact of climate change.

World

Philippine coastguard hits out at China’s ‘brute force’ after water cannon attack

Published

14 hours ago

May 4, 2024

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Philippine coastguard hits out at China's 'brute force' after water cannon attack

China has been branded “a bully” and an international lawbreaker after its ships blasted Philippine vessels with water cannon in the South China Sea.

Sky News was on board the BRP Bagacay when a Chinese vessel fired water at it, causing significant damage.

Philippine coastguard spokesman Jay Tarriela told Sky News that this week’s confrontation was the first time China had used “such aggression” against their ships.

“The metal parts and the railing were bent. The canopy was also destroyed. So this came as a surprise for us that China never hesitated to use brute force,” he said.

“It completely justifies us calling The People’s Republic of China a bully country.”

The Philippine coastguard was on a resupply mission to the Scarborough Shoal to deliver food and fuel to Philippine fishermen when they were struck.

The submerged reef lies in disputed waters. China claims sovereignty over the reef but it is much closer to the Philippines and lies within its legally recognised exclusive economic zone.

The vessel Sky News was on board was the closest the coastguard had ever been to the shoal – just 600 metres away from it.

Asked if the mission to the shoal was a provocative move by the Philippine coastguard, Commodore Tarriela denied they were “poking the bear” but rather “driving the bear out of our own territory”.

The Philippines has been stepping up its patrols in the area under the instruction of President Bongbong Marcos, and reasserting its claim to the shoal in recent months.

It has raised the spectre of open conflict. While neither side currently wants that, there is now a greater threat of open conflict.

Asked what the end game was for the Philippines, Commodore Tarriela said their priority was to “tell the world” about China’s aggression.

He said their secondary goal was to ensure “like-minded states” also made China “fall in line and respect international law”.

“Otherwise, it’s everybody’s loss,” he added.

Philippine government policy is not to resist using water cannon against Chinese vessels – and Commodore Tarriela insisted that policy remains in place after the confrontation.

The government also remains intensely determined to protect the waters it believes it has every right to operate in.

“We’re not going to yield and we’re not going to surrender a square inch of our territory,” Commodore Tarriela insisted.

Beijing has called the action its own coastguard took as “necessary”.

Speaking at the Chinese foreign ministry’s daily news conference, spokesperson Lin Jian described the coastguard’s conduct as “professional, proper, and lawful”.

World

Three charged over killing of Sikh separatist leader in Canada – in incident which sparked diplomatic spat with India

Published

18 hours ago

May 4, 2024

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Three charged over killing of Sikh separatist leader in Canada - in incident which sparked diplomatic spat with India

Three suspects have been charged by Canadian police over the killing of a Sikh separatist leader in Vancouver last June, in an incident that sparked a diplomatic spat between Ottawa and New Delhi.

Hardeep Singh Nijjar, 45, was shot dead outside a temple by masked gunmen in Surrey, outside Vancouver, on 18 June 2023.

Royal Canadian Mounted Police assistant commissioner David Teboul said police could not comment on the nature of the evidence or the motive.

“This matter is very much under active investigation,” Teboul said.

The three suspects – Indian nationals Kamalpreet Singh, Karan Brar and Karampreet Singh – were arrested in Edmonton, Alberta, the Royal Canadian Mounted Police said.

Superintendent Mandeep Mooker said: “This investigation does not end here. We are aware that others may have played a role in this homicide and we remain dedicated to finding and arresting each one of these individuals.”

Canadian Prime Minister Justin Trudeau sparked a diplomatic feud with India when he said in September that there were “credible allegations” of Indian involvement in the killing. India angrily denied involvement.

Mr Nijjar, an Indian-born citizen of Canada, was a leader in what remains of the Khalistan movement – a once-strong group calling for the creation of an independent Sikh homeland.

He was organising an unofficial referendum in India for an independent Sikh nation at the time of this death and had denied allegations of ties to terrorism.

The Khalistan movement has lost much of its power but is still supported by some in the Punjab state in northwestern India and in the Sikh diaspora overseas.

A violent, decade-long Sikh insurgency shook north India in the 1970s and 1980s, and was ultimately crushed in a government crackdown which saw thousands of people killed, including prominent Sikh leaders.

In June 1984, Indian forces stormed the Golden Temple, the holiest Sikh shrine in Amritsar, where separatists had taken refuge.

In more recent years, the Indian government has repeatedly warned that Sikh separatists were trying to make a comeback.

Read more: What is the Khalistan movement?

The diplomatic row saw diplomats expelled by both India and Canada.

The Indian government said it “completely rejected” Mr Trudeau’s allegations and added: “We are a democratic polity with a strong commitment to rule of law.”

The dispute derailed trade talks between the two countries and ultimately saw Canada withdraw 41 of its 62 diplomats in India.

At the time, Canada did not provide public evidence to back up Mr Trudeau’s allegations. However, it did reveal the claims were based on intelligence provided by a major ally and surveillance of Indian diplomats in the country.