Photo by Oleksandr Filon on Unsplash
Constitutional Supremacy: Poland & Hungary

What to do with Poland and Hungary?

Photo by Oleksandr Filon on Unsplash

By Rossa O’Dochartaigh

I think it goes without saying that the actions of the Polish and Hungarian states in recent years have been a total embarrassment for the European Union and have arguably damaged the reputation and the credibility of the technocrats and bureaucrats in Brussels. The Polish and the Hungarians have been enjoying the fruits of EU funds and the advancements that their infrastructures and economies have experienced as a result of their accessions to the Union in the enlargement process of 2004. Since then, however, these two member states have on several occasions shown a ‘two-finger salute’ to the EU and have blatantly disregarded and ignored the supremacy of EU law. Most recently, the ruling of the Polish Constitutional Court that the EU Treaties do not have primacy over the Polish Constitution is the latest in a series of flagrant disregards of EU law by the judiciaries and the governments of these nations.

What to do, without the EU?

It is safe to say that Poland and Hungary are no economic powerhouses and are more reliant on their membership of the EU as a means of attaining financial capital than would be other member states such as Germany, France or the Netherlands. They are among the top recipients of EU funding, receiving 12.5 Billion and just under 5 Billion per annum respectively. Also, Poland and Hungary do not enjoy the same international ties and financial strength that the UK does and Poland especially, still has a somewhat icy relationship with Russia. So, the chances of these nations seeking to leave the EU completely are of a far lesser likelihood because if they did, where would they go and who would they trade with? A question which is not so easily answered. Therefore, it is for this reason that the EU must stamp its authority on these nations and must immediately offer these nations a final ultimatum of ‘’accept judicial uniformity or face financial consequences’’.

To do or not to do?

It is in my opinion necessary for the maintenance and the continuity of the Union for Brussels to flex its diplomatic muscles every now and again to reassert themselves as an organisation serious about its rules and policies. If the EU does not adopt a robust attitude towards Poland and Hungary for their collective failures in relation to judicial independence and other social issues such as the protection of rights of minority groups such as the LGBT community, then it will open the door for further dissent in other parts of the Union. Non-action or non-adequate action also has the potential to create and contribute to a culture where the EU is taken for granted and its laws and policies are ignored on mass. If one nation gets away with it then it could potentially result in more nations adopting increasingly belligerent attitudes towards the Union and its policies and this could create a situation even more difficult to resolve than the current situation the EU finds itself in.



What not to do:

However, it must be noted that while non-action on the part of the EU could be catastrophic to its attempts to increase its credibility and the respect shown to it by member states, the course of action that it does take must be serious but not disproportional, as the political strength of Eurosceptic political movements cannot be ignored or underestimated. Recent years have witnessed the electoral successes of far-right politicians such as Marine Le Pen and her National Rally party in France. Therefore, the course of action the EU follows in order to finally resolve the judicial situation in Poland and Hungary must be serious enough to force a significant change and increased adoption of legal uniformity. However, it must not be so severe that it could be used as a propaganda vehicle for Eurosceptics and their political movements throughout the bloc.

What to do:

In final comment, it could be argued that the EU has been so distracted and enveloped by the Brexit saga that it has lost sight of these kinds of issues arising in newer, less affluent parts of the bloc. However, the Brexit process is now finished and both the UK and the EU have begun new existences on different trajectories and now is the time for the EU to start afresh and it must get back on track in terms of defending and promoting the very existence of the Union. In this new phase of the EU’s existence, it must be steadfast in the implementation of its rules and procedures and must regain the recognition of its remaining members as a strong, stable entity which no member state can be greater or more powerful than.

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11 thoughts on “What to do with Poland and Hungary?

  1. Hey! I just finished reading your blog and here are my comments:
    1. You have some nice and strong arguments, good job for that, however, the text itself was a bit difficult to follow due to the long sentences you have written. In my opinion, the way you have written your blog now looks more like an academic paper, rather than a blog. Consider changing that.
    2. I would suggest to move the paragraph that starts with “It is in my opinion necessary for the maintenance and the continuity of the Union for Brussels to flex its diplomatic muscles every now and again …” to a second to last position. Since your last paragraph is again you expressing your opinion, I feel it would be easier to follow the structure of the blog if all paragraphs consisting your opinion are one after another (just a suggestion).
    3. If your argument is that the EU has been busy with BREXIT, I would suggest adding that sentence in the first/second paragraph, since you only mention it in your conclusion.
    4. Nice choice of words, strong language and convincing arguments. Well done and good luck!
    Kristina

    1. Hi Kristina,

      Thanks for taking the time to read my work. I will take your comments into account when submitting my final piece. On re-reading my blog you are probably right that it comes across like more of an academic paper than a blog. I think I will edit it so that it is a little less formal. Thanks again.

      Rossa

  2. Hi Rossa,

    I think you wrote an interesting blog post about the behaviour of Poland and Hungary in the EU. I fully agree with you that the actions of both countries have called into question the legitimacy of the European Union. But do you think these countries showed such behaviour only after they have been ‘rebuilt’ with EU funds?
    The second argument you raise about Hungary and Poland not being economic powerhouses, is a convincing argument. My only question in this regard is why you thought it important to add the example of the UK when this country is no longer part of the EU?
    You raise a very interesting question at the end of the second paragraph. Personally, I cannot imagine both countries leaving the EU, but with these kind of actions, it seems likely that they want to leave and will even do so soon.
    So, if I understand it correctly, do you think it is best for the EU to sanction Poland and Hungary financially? And would you say this is the only way the Eu can stamp its authority on them?
    I fully agree with you that Brussels needs to show its muscles to stop this culture where the EU is taken for granted and its laws are ignored on mass. What do you think would happen if wouldn’t respond at all? And which countries are most likely to follow the behaviour of Poland and Hungary?
    Finally, I would be interested to know how you would see the EU starting afresh. And are there any scholars who also have an opinion on this? All in all, you have written a convincing text on a very topical issue in the EU!

    1. Hi Anna,

      Thanks very much for reading and complimenting on my work, much appreciated! What I have written is not necessarily my own personal opinion, I wrote it from the perspective of what the EU should do. I used the example of the UK to compare them to Poland and Hungary, to highlight that the UK would have many more options to advance themselves, post their exit of the EU, than would Poland or Hungary. I believe that the only real option that the EU has in order to force a change in these nations is by economic sanctions.
      Thanks again,

      Rossa

  3. Hi Rossa, you wrote a very interesting analysis about the situation concerning Hungary and Poland. I think you make some very strong points. Since I am far from an expert on this matter, I was wondering if you could elaborate on your argument concerning the current success of the right-wing. Do you think that in case the EU fails to “flexes its muscles” that the success of right wing parties could increase?
    Especially, also the recent Court rulings (on the supremacy of European law) – do you think this created more pressure on the EU also in the public eye to finally react to Hungary and Poland?

    1. Hi Lara,

      Thanks for commenting! I think it is possible that the EU taking a more stern approach could be used by far-right or Eurosceptic groups as a propaganda tool. However, I think if the EU fails to act adequately in relation to Poland and Hungary, then the damage caused to the EU as a result of their non-action, would be greater than the potential damage caused to the EU by the spread of Eurosceptic propaganda. Eurosceptics are going to find propaganda vehicles anyway. So I don’t think the EU has much to lose in that regard. In relation to the recent court rulings, I think that the media attention it has received has definitely pressured the EU into taking a more robust approach on the matter. I think this was best demonstrated by the EU’s vow to finally punish Poland for their challenges and disregards of EU law. There is a good article about it here: https://www.ft.com/content/fb7c2484-8923-446c-8328-51ca76175412

  4. Hey Rossa,

    i really enjoyed reading your blog, it was truly informative and i feel after reading this that you filled some gaps in my brain about the Poland, Hungary and the forever fight against EU values subject. Thanks for that. You made some strong points and the whole blog is quite straightforward, hence you really can follow as reader a red-line through the text. You are mentioning that Brussels should “flex with their diplomatic muscles” i would be interested if you know some ways how they could flex with them?
    I also perceive that this backsliding from EU values and norms by those states is if you put this in a broader picture part of the emerging right wing tendencies that we already find more and more in EU member states. I understand that these countries are risking the success of the “European project” (one Europe = European integration project), but according to your clear and strong arguments, neither Poland nor Hungary can exist without the EU as a foundation (i know its hard to say this). Therefore, much more measures are required and demanded, by the EU to put a stop to their political revolt which goes against our value system.

    1. Hi Wassim

      Thanks for commenting on my work. I’m glad I helped you understand this topic better. I think that the only real option the EU has in order to tackle the Poland and Hungary problem is by imposing economic sanctions on them. Furthermore, I am sure that Poland and Hungary would continue to exist as sovereign states in the event of their exit from the EU. However, I think it is obvious that they would be economically less better off and less financially secure than they are as a member of the Union.

      Thanks again.

      Rossa

  5. Hi Rossa,

    I like your blog. The way you organized it in ‘what to do’ and ‘what not to do’ implements some structure that makes it easy to read. You also found a nice balance between formal and informal that suits a blogpost.
    I always fear that rejecting these eastern countries might lead to new power blocks of Russia and co, and ‘the free west’. So I like how you try to find a balance so that we don’t feed Euroscepticism and populism.
    I wondered to what extent you meant ‘to flex their diplomatic muscles’, but I read Wassim’s comment, which explained it.

    1. Hi Gijs,

      Thanks for your comments. It would appear that forming some sort of relationship with Russia would be the only real option for these nations in the event of their exit from the EU. However, I couldn’t picture that happening to be honest. Both nations have had turbulent relationships with Russia throughout their recent histories, to say the least. Poland especially still has a very icy relationship with Russia and I think that the overwhelming majority of the people in both nations would much rather remain a member of the EU. As opposed to entering into a new arrangement with the Russians. Thanks again.

      Rossa

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