Warsaw Voice - "Nice or Death"

By Małgorzata Kaczorowska
25 September 2003

Poland seems to be more and more on its own in the discussion underway among member and candidate countries on the EU Constitution Treaty. The country is struggling to save the agreements from the EU Nice summit, an issue of crucial importance to its interests.

Minister of Foreign Affairs Włodzimierz Cimoszewicz presented the Polish government's position to the Sejm Sept. 18. The most important issue for Poland at the upcoming intergovernmental conference on the Constitution Treaty is defending the voting system for the EU Council of Ministers adopted in Nice. "It is not we who should convince the others that what already exists should be maintained; the proponents of change are responsible for convincing us that such changes are essential," the minister argued, pointing out that the Polish position regarding Nice was supported by 18 countries during the European Convention's debates.

All the parties represented in the Sejm supported, more or less definitively, the inclusion of Christian values or traditions in the draft constitution. Following lengthy discussions, the European Convention, which is drawing up the EU Constitution, included only a reference to the "religious" heritage of Europe in the Constitution Preamble.

Jarosław Kaczyński, Law and Justice (PiS) leader, Józef Zych from the Polish Peasants' Party (PSL) and Marek Kotlinowski from the League of Polish Families (LPR) dedicated a large part of their addresses to the issue. Jerzy Jaskiernia also called for a reference to the Christian value system on behalf of the Democratic Left Alliance (SLD).

PiS has submitted a draft resolution calling for a referendum on the EU Constitution. Kaczyński made it clear that in this way he hopes it will be rejected. "May adoption of the EU Constitution not end in national disaster," he warned. "My party will do anything, will sacrifice any other issue, to reject such a treaty, including such provisions, in a referendum," Kaczyński said. In his opinion, corrections to the vote distribution system that was agreed upon in Nice, which are now included in the Convention's draft, mean a "drastic weakening" of Poland's position in the EU. He then presented a definitely pessimistic picture of the EU in which, he claims, there is "zero" solidarity and where soon "decisions will be made within a very small circle." "They are already blackmailing us by saying, 'if you don't agree, just drop out,'" he said, referring to negotiations on the Treaty.

By backing this position PiS approached the LPR and Samoobrona. A group of deputies from the Catholic-National Movement, the Movement for the Reconstruction of Poland (ROP), the Polish Alliance (PP) and the Polish Raison d'Etat, supported by a few deputies from the LPR and PSL, have submitted a similar draft resolution demanding a referendum.

Jan Maria Rokita, head of the Civic Platform (PO) parliamentary caucus was critical of Kaczyński's anti-EU rhetoric but he also called for amendments to the draft. "Nice or death," he said in defense of the vote distribution system for the EU Council agreed in Nice. The PO came up with their own draft resolution in which they described their support of the government as "conditional" and warned against a retreat from the government's firm position.

SLD deputies proposed the mildest resolution, which only supported government efforts "to uphold the voting rules agreed in Nice." The idea of a referendum on the EU Constitution was also supported by the LPR, PSL and Samoobrona. The SLD, PO and Labor Union (UP) were skeptical about the referendum proposal. They pointed out that it was too early for such a decision, since the Constitution text which would be put to a vote was not yet ready.

Rejection of the Constitution in a general vote might lead to Poland's isolation in Europe. Experts in Brussels admit that if one of the countries vetoes the Constitution, it will still be possible to circumvent the veto and implement the treaty in the other EU countries. According to this scenario, when the Nice agreements expire in 2009, Poland might find itself "in a treaty vacuum" after joining the EU and refusing to adopt the new treaty.

The ultimate form of the Constitution will be agreed upon at an intergovernmental conference beginning Oct. 4 in Rome; the conference will be a series of meetings between EU country leaders or foreign ministers with their counterparts from new member countries. The discussion will cover common rights and values and the new division of power in the EU.