The decision to exempt Poland from certain provisions of the migration pact has not yet been taken

fakenews.pl 5 days ago

11 November representatives Polish Government announcedthat "Poland will not accept migrants in the framework of pact migration’. In fact, the European Commission has only indicated in its decision Poland as 1 of the countries entitled to apply for full or partial exemption from the work to participate in the solidarity mechanics for the coming year. However, this does not mean that Poland has already been released, but only that it can request exemption and the final decision will be taken by the Council of the European Union. The exemption itself, if granted, will apply for 1 year. At the same time, it should be stressed that even if Poland is exempted from the solidarity mechanism, it will proceed to be subject to all another provisions pact migration.

Thesis:

Poland will not accept migrants under the migration pact. Or pay for it. It's a decision.

Our evaluation:

False

More about our evaluation system:

Migration pact and solidarity mechanism

Pact on migration and asylum was adopted by the European Parliament in April 2024 and subsequently approved by the Council of the European Union in May 2024. Fold of 10 legal acts to be full implemented from June 2026. 1 of the key elements pact there is simply a solidarity mechanics which assumes that all associate States are to support the countries most affected by migration pressure. With this support adopt 3 forms:

Human solidarity – relocation or transfer of responsibility. By shifting responsibility, the associate State agrees to presume work for asylum seekers already on its territory, for which otherwise another associate State experiencing migratory force would be responsible.
Financial contributions to the solidarity pool.
Alternative measures of solidarity – for example, it may be material, operational or method assistance. If a associate State decides to do so, the value of the aid should be expressed in financial terms to guarantee justice.

Relocation is not mandatory

An crucial part of the public debate is the message that Poland "will not gotta accept migrants". However, Pact Migration does not require admission of migrants to any associate State. Relocation is only 1 of 3 form solidarity which countries can choose. This means that even if Poland had not received an exemption from the solidarity mechanism, it would not have been forced to accept migrants. She could choose another option for financial or operational support.

Importantly, the circumstantial financial commitments imposed in this context by the Pact have not yet been established. European Commission proposed certain non-binding amounts, including a minimum of EUR 30 000 for each individual whose country does not accept as relocation. However, Final Only the EU Council, consisting of representatives of all associate States, will decide on the pool and the amounts.

Report and Migration Management Cycle

11 November European Commission published the first yearly asylum and migration study and launched the first yearly migration management cycle. Launching the cycle is the next step of implementation pact migration and asylum. This is simply a key implementation process pactto guarantee a coherent approach to migration management across the Union and to prepare an yearly solidarity pool.

On the basis of the report, the Commission issued its decisionwithin which split associate States per 3 groups depending on the degree of migration pressure:

Group one: Countries under the top force of migration

This group includes Greece, Spain, Italy and Cyprus – these countries experience the highest number of migrants coming, especially as a consequence of rescue operations at sea, and will so have automatic access to the main solidarity pool erstwhile the Pact enters into force.

Group Two: Countries at hazard of migration pressure

The Commission included 12 countries in the second category: Belgium, Bulgaria, Germany, Estonia, Ireland, France, Croatia, Latvia, Lithuania, the Netherlands, Poland and Finland. These countries are exposed to the hazard of migration force due to the advanced number of arrivals in the erstwhile year, excessive burden on admission systems or the threat of instrumentalisation of migration – utilizing it as a hybrid weapon.

The countries in this group do not receive automatic access to the solidarity pool, but can usage another financial, method and operational support tools. Moreover, if their situation deteriorates, they may be transferred to the first group. Additionally, countries that face hybrid threats and drone airspace violations (including Poland) will besides gain access to a fresh programme worth €250 million to acquisition drones and anti-drone systems.

Group Three: Countries in a crucial migration situation

The 3rd category includes countries which are included in ‘significant migration situation due to cumulative pressures over the last 5 years." This group included Poland, Austria, the Czech Republic, Bulgaria, Estonia and Croatia. Countries from this group may request full or partial exemption from the work to participate in the solidarity mechanics for the coming year. It should be noted that Poland was qualified for the second and 3rd groups at the same time – due to the large number of refugees from Ukraine and the migration force on the Polish-Belarusian border.

Decision The Commission is so simply recognising Poland as a country experiencing a hard migration situation and a country at hazard of migratory pressure. This is not a decision to exempt her from the solidarity mechanism.

Which means a European Commission decision

The key issue that needs to be corrected is the difference between the right to apply for exemption and the actual exemption. Commission in its own decision only identified Poland as 1 of the countries that could apply to the EU Council for exemption. However, this does not mean that specified an exemption has already been granted to Poland. Government representatives presented the situation in an inaccurate manner, suggesting that the exemption is already in force, while in fact it is only possible to apply for it.

The simplification procedure is as follows (Rule 62) pact): Poland must formally request the European Commission to exempt it from the solidarity mechanism. It should besides be communicated to the Council for information. How reported The Ministry of the Interior, specified a request has already been made. The Commission shall then forward its assessment to the Council. Only after the approval of the proposal by the Council will Poland be exempted from the work to participate in the solidarity mechanism.

Exemption will apply for a year

Another inaccuracy in the statements of Polish politicians is the message that the exemption from the solidarity mechanics will be long-term. Deputy Minister Maciej Duszczyk foundthat the Commission decision ‘in practice means that Poland is exempt from solidarity for many, many years’ and Minister Marcin Kierwiński statedthat "the decision to make specified an application means protection for many years, not only for 1 year".

Meanwhile, regulations pact migration is clear in this regard. The exemption from the solidarity mechanism, if granted by the EU Council, will apply for a year. After this time, the Commission will re-assess the migration situation in the associate States and present a fresh report. On the basis of the fresh report, the State will be able to apply for exemption again. Minister Kierzinski argued, that since Poland accepts a large number of refugees from Ukraine and the situation on the border with Belarus remains tense, it can be assumed that Poland will meet the criteria valid for dismissal for subsequent years. However, this does not change the fact that formally the exemption is yearly and requires yearly renewal.

At the same time, it should be stressed that even if Poland receives an exemption from the solidarity mechanism, it will proceed to be subject to all another provisions pact migration. The exemption from the solidarity mechanics only applies to the work to support another associate States through relocation, financial contributions or operational support.

Summary

Messages Polish Government of 11 November concerning pact Migrants are fake. They present the situation in a manner suggesting that Poland was exempted from the obligations arising from the migration pact for many years. In fact, this is only the beginning of the procedure.

Commission issued decision, in which it identified Poland as 1 of the countries entitled to apply for full or partial exemption from the work to participate in the solidarity mechanics for the coming year. The final decision on exemption requires the approval of the EU Council and, if granted, will apply by year with the anticipation of yearly renewal. specified inaccuracies in public transport can lead to misinformation and hinder a substantive debate on the migration policy of the European Union.