Brussels: Europe and the Arabs

The European Commission is making great efforts to defend the Migration and Asylum Pact, after Polish Prime Minister Donald Tusk stressed his categorical refusal to implement it, casting doubt on the practical feasibility of this pact.

However, the Commission has refrained from committing to taking legal action against Poland or any other member state that exceeds the five interconnected laws under the pact, in clear contradiction with previous statements by European officials.
In the same context, Ylva Johansson, the former European Commissioner for Home Affairs, confirmed last year that the Commission “will of course act” and will resort to applying “infringement procedures” against countries that do not abide by the pact.
Her successor, Magnus Brunner, also reiterated this commitment before the European Parliament, stressing that legal action will remain an option if necessary. However, the Commission avoided confirming this approach on Monday, explaining that it does not wish to enter into “speculations” about what might happen in the future. According to what the European news network Euronews reported in Brussels today, Tuesday,

On the other hand, the Commission also refrained from describing the pact as "binding" on member states, noting that implementation will begin in mid-2026, and that work is underway to ensure that all countries are ready by then.

In contrast, Tusk seemed determined to maintain his position during a joint press conference with Commission President Ursula von der Leyen, stressing that Poland will not implement the pact if it leads to receiving more migrants, indicating a possible confrontation between Warsaw and Brussels.

The pact, which was approved last May, imposes a "mandatory solidarity" mechanism, whereby governments must choose one of three ways to contribute: receiving asylum seekers, paying a financial contribution, or providing operational support such as sending personnel or equipment. While the Commission sees this mechanism as giving countries flexibility, Poland and Hungary see it as an attempt to impose mandatory quotas.
Tusk justified his position by citing the great pressure his country is experiencing, citing Poland’s hosting of two million Ukrainian refugees and the exploitation of migration flows across its eastern borders by Belarus and Russia.
Von der Leyen, for her part, confirmed that the Commission will take these circumstances into account, explaining that member states will not be “obliged” to transfer asylum seekers, but will be free to choose the measure that suits them.
In light of the Commission’s readiness to grant exemptions to countries facing “migration pressure,” Poland may seek a full exemption, which would present the EU with a new dilemma in implementing its common policies.