Tusk didn't get the KPO money in Brussels. The procedure may take respective months

The European Union's Justice Commissioner stressed that Poland needs any time to implement the reforms expected by Brussels in the judiciary system. Only after gathering these conditions will the European Union be able to transfer additional funds from the applicable National Recovery Plan (NRP) and the Cohesion Fund. According to media evaluation, this process could take respective months.

Following a Friday gathering with Prime Minister Donald Tuski, president of the European Commission, Ursula von der Leyen, announced the EC's readiness to grant Poland an advance of EUR 5 billion. In addition, the Prime Minister of Poland informed that on Friday payment applications related to the National Reconstruction Plan were submitted.

The European Commission confirmed receipt of Poland's first payment application of EUR 6.3 billion (after deducting advance payments). This appropriation is intended to cover grants and loans from the Instrument for Reconstruction and Enhancing Immunity (RRF). Nevertheless, the Commission has reserved that the transfer of these funds depends on the effective implementation by Poland of the concrete investments and reforms identified under the National Recovery Plan.

"The payment of funds following a payment request under the RRF is not possible until Poland has successfully implemented +super milestones+" – is given in the communication.

Consequently, the government and government institutions reported a crucial achievement, claiming that Donald Tusk rapidly fulfilled 1 of his commitments, bringing from Brussels "significant funds for Poland".

However, it is worth noting that the European Commission activated the National Recovery Plan for Poland almost a period ago, in November, even during the reign of the United Right. At the beginning of December, EU associate States' finance ministers approved an advance of EUR 5 billion for Poland, coming from the updated National Recovery Plan (NRP). It is worth noting that these payments do not include the alleged "super milestones" contained in the main KPO agreement which relate to the request to improvement the disciplinary strategy of judges.

Grzegorz Puda, erstwhile Minister of Funds and Regional Policy, drew attention to this issue.

Additionally, on Friday, Didier Reynders, EU Justice Commissioner, in an interview with Reuter, stated that the fresh Polish government needs “certain time” to improve the independency of the judiciary, thus allowing the European Union to transfer additional funds. Reuters noted that his statements indicate that the process of unlocking Poland's access to further funds could take weeks or even months.

“There is commitment. The regulation of law message is very important," Reynders said, however, saying that "it is not enough."

"We request to see reforms. This will take any time," said the EU Commissioner. He mentioned "the conclusion of proceedings against judges by the Disciplinary Board at issue as an example of a solution not requiring the adoption of a fresh law".

The writer RMF FM from Brussels besides confirmed that in December the European Commission will supply Poland with EUR 5 billion in advance from the National Recovery Plan, without respect to matters related to the regulation of law.

"However, it will inactive gotta wait for the appropriate KPO and Cohesion Fund money to be paid," the station states.

According to the information, the European Commission has a two-month deadline for examining Tusk's first payment application. The unconfirmed reports of RMF FM propose that "Brussels may benefit from this period and even extend it with common consent". It is stressed that gathering the alleged conditions relating to the regulation of law will be a hard task, especially given the possible opposition of president Andrzej Duda to the laws on the judiciary. At the same time, it is known that the Tusk Government is preparing proposals for laws and "alternative solutions", specified as the possible accession of Poland to the European Public Prosecutor's Office, hoping to accomplish a affirmative result.

RMF FM besides quotes its origin in Brussels: “I can’t imagine a 2 - period evaluation. It is besides complicated, it may take respective months." This means, as the station explains, that "there will inactive be a request to agree with the EC on how to meet the conditions and implement them."

The station besides admits that Donald Tusk enjoys considerable trust from Brussels and can anticipate any flexibility, although limited. At the same time, it is stressed that it is not possible to completely ignore certain issues, given the request to take account of the situation of another countries which are besides required to comply with certain conditions.

“This means that it will besides take 2 months or longer to defrost that money. However, not a single invoice for reimbursement has so far been received by the EC. However, invoices will shortly start to flow and the issue of mobilisation of funds will become urgent" – read on rmf24.pl.

It should besides be noted that only about half a billion euros are free of charge from the overall amount to the state budget, while 4.5 billion euros are loans.

In mid-November, Didier Reynders, EU Justice Commissioner, answered RMF FM's questions about unlocking the Polish National Reconstruction Plan worth €60 billion. He pointed out that it is essential to make a fresh government in Poland. Reynders stressed that the first step was to set up a fresh cabinet and then start a discussion on speeding up reforms. He mentioned that any changes had to be made before the final evaluation of the Polish KPO by the EC, and the pace of these changes would only be considered with the Government of Tusk, especially in the context of judicial reform.

It is worth noting that erstwhile media reports confirmed that the unlocking of KPO would require legislative changes in the Polish judiciary, in line with Brussels' expectations. These amendments concern mainly the tightening of the disciplinary strategy of judges, known as ‘the muzzle law’. The EC besides expects the right to examine the independency of judges. It was besides indicated that the process of unlocking KPO could take respective months.

The full value of the Polish KPO is EUR 59.8 billion, of which EUR 34.5 billion are loans and EUR 25.3 billion are grants.