Tusk at a rally in Lodz, Poland (Omar Marques/Getty Images)

Was this the election that kickstarted the European Union’s renaissance? Seemingly against the odds, the liberal-centrist pro-EU coalition led by former European Union President Donald Tusk emerged victorious in Sunday’s elections in Poland, stopping the national-conservative Law and Justice (PiS) party from securing a third term in power, and putting an end to its eight-year rule. Most EU leaders cheered the results: the return to power of the militant anti-Brexiteer brings Poland, the most powerful country of the Eastern flank, firmly back into the fold. “Welcome back, Donald”, crowed Politico, barely containing its glee.
It’s an outcome that will have momentous consequences — not just for Poland but for Europe as a whole. Since the PiS came to power in 2015, Poland’s relations with the EU have grown increasingly strained. Over the years, the European Commission has systematically charged Poland with failing to uphold the “rule of law”, as defined by Brussels — for threatening media freedom and judicial independence, not doing enough to tackle systemic corruption, violating LGBT and minority rights, and thwarting the bloc’s immigration policies.
The PiS government, on the other hand, has always contended that these were matters of national sovereignty over which the EU had no say, locking horns with Brussels over what is arguably its most important article of faith: the primacy of EU law over national law.
When Brussels claimed that a new judicial disciplinary body created in 2017 — composed of jurists appointed by Parliament to hear complaints against judges facing misconduct allegations — violated EU law and should be revoked, the Polish government refused to comply. It claimed the demand represented an unacceptable infringement on the country’s national sovereignty. The Polish Constitutional Tribunal upheld the Government’s decision, insisting that national law enjoyed primacy over EU law.
In the eyes of EU officials and pro-EU elites, this, even more than culture-war issues, is what made Poland, along with Viktor Orbán’s Hungary, an existential threat. It was, after all, a serious blow to one of the crucial pillars of the bloc’s empire-building project: integration by law — the stealthy hollowing out of national constitutional and legal systems, through which the EU has slowly aligned policies across the bloc regardless of electoral outcomes. As Luxembourg’s foreign minister, Jean Asselborn, put it at the time: “If this principle is broken, Europe as we know it, as it has been built with the Rome treaties, will cease to exist.”
And this wasn’t all. The PiS also clashed with Brussels and other countries over its opposition to the extension of qualified majority voting, in place of unanimity, to new areas such as foreign policy — seen by integrationists as a way of overcoming the ability of individual countries to block EU initiatives, as well as a precondition for further enlargement.
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