The European Commission has issued a stern warning to Poland, stating that legal consequences will follow if the country fails to comply with the EU Migration and Asylum Pact. The Commission’s warning came after Poland threatened not to adhere to the pact, which aims to manage the arrival of asylum seekers across the 27-member bloc.
The Pact on Migration and Asylum, approved in May 2024 and set to take effect by mid-2026, consists of five key laws designed to establish common rules for asylum management. These rules will be binding across all EU member states once the pact is implemented.
A spokesperson for the Commission emphasized on Monday, “Once adopted, EU law is binding in all concerned member states. If a member state risks delaying or undermining the implementation of the Pact, the Commission will need to take the necessary measures.”
This statement marks a shift in the Commission’s approach, following previous comments made by Magnus Brunner, the European Commissioner for Internal Affairs and Migration. Last week, Brunner had avoided committing to legal action against Poland for potential non-compliance, instead praising the country’s actions regarding border management. Poland’s Interior Minister Tomasz Siemoniak had argued that security concerns made the pact’s implementation impossible in Poland.
Siemoniak’s comments echo Prime Minister Donald Tusk’s earlier statements that Poland, facing heavy migration flows from Belarus and the mass influx of Ukrainian refugees fleeing the Russian invasion, could not accept additional relocation burdens. Tusk had emphasized, “Poland will not accept any burdens related to the relocation mechanism,” rejecting what he described as “huge” migratory pressure.
Despite Poland’s opposition, the European Commission has now made it clear that it will not hesitate to take action if Poland fails to comply. “If EU legislation is violated, it is the prerogative of the Commission to open an infringement process,” said a Commission spokesperson. This could lead to legal proceedings in the European Court of Justice, which could impose daily fines on Poland, as it has in the past.
The Pact’s central element is a “mandatory solidarity” mechanism, which offers member states three options to manage asylum seekers: relocate a specific number, contribute financially, or provide operational support. Poland has long opposed this mechanism, arguing it would force the country to take in migrants against its will, despite the fact that the pact allows for exemptions in cases of significant migratory pressure.
The Commission has suggested that Poland could be eligible for such exemptions, hinting that the country may be able to avoid some of the pact’s obligations due to its unique circumstances. However, if Poland continues to resist the pact’s terms, it could face legal and financial repercussions from the EU.
