Migration Pact: Are there exceptions for Poland and other countries in the European Union?
The EU Migration and Asylum Pact, adopted in May 2024, continues to spark widespread controversy, particularly regarding the issue of countries that may evade some of their obligations. The pact stipulates a system for resettling at least 30,000 migrants annually in EU countries. Countries that refuse to process asylum applications must pay a fine of €20,000 for each unprocessed application or provide alternative solidarity support such as operational or logistical assistance.
However, the charter allows countries facing exceptional migration pressures – such as those hosting large numbers of refugees – to be partially or fully exempt from some of their obligations. Poland has become the most prominent example in this discussion, as local media, including RMF FM, reported that Poland may be exempt from its obligation to resettle migrants and from some financial responsibilities, while receiving additional operational support.
During a press conference, Prime Minister Donald Tusk confirmed, saying: "I have known for a long time that Poland will not be part of the resettlement program, and no one will send us migrants. As long as I am in power, Poland will not accept any migrants under the resettlement mechanism. For us, the issue is closed." Interior Minister Marcin Kierwiński also stated that Poland will be exempt from the resettlement program "for several years to come."
But not everyone agrees that this exemption is guaranteed. Former Interior Minister Mariusz Kamiński warned that Poland's permanent exclusion from the charter is "out of the question," pointing out that the issue remains a hot topic of discussion within the European Union. For his part, government spokesman Adam Szłapka reminded that the charter was drafted during the rule of Mateusz Morawiecki, describing it as the "migration charter named after Morawiecki." He also called for Poland to be granted the exemption permanently, not temporarily.
In contrast, the European Commission has not issued any official statement confirming the existence of an exemption. It confirms that EU laws do not allow for a complete exemption from the charter, but they do allow for a reduction of obligations for countries considered to be 'under migratory pressure.' Factors taken into account include the number of hosted refugees, the extent of temporary protection provided, and the situation at the borders. Poland asserts that it has hosted millions of refugees since the Russian invasion of Ukraine, placing it in a unique position deserving special treatment.
Countries such as Greece, Spain, and Italy – which also face large migration flows – are mentioned as potential candidates for a similar exemption. However, there is currently no official list of exempt countries. The European Commission was scheduled to announce this week its assessment of countries under "migration pressure" and the solidarity plan for next year, but the decision has been postponed according to media reports.
The European Commissioner for Home Affairs and Migration, Magnus Brunner, stated that the slight delay in submitting the report "will not make a difference," while the spokesperson for the Commission, Markus Lamert, confirmed that a new date will be announced later. So far, Poland's position in the EU's "migration solidarity" mechanism remains unclear, with ongoing questions about whether it will actually succeed in avoiding its resettlement obligations and the financial fees stipulated in the charter.