Hungary grants political asylum to Polish politician, worsening relations between Warsaw and Budapest

Ministerstwo Sprawiedliwości

Relations between Poland and Hungary worsened following a change in the Polish government. Budapest’s recent decision to grant political asylum to PiS MP Marcin Romanowski has further strained the relationship between these former allies. Romanowski, the former Deputy Minister of Justice, is accused of manipulating competitions for multi-million dollar grants from the Justice Fund.

On Thursday, the District Court in Warsaw announced that a European Arrest Warrant had been issued for the politician. On the same day, Hungarian authorities declared their intention to grant him political asylum, citing politically motivated actions by Polish services and the National Prosecutor’s Office. In response, Poland’s Foreign Ministry (MFA) described this action as “offensive to Polish citizens and authorities.

The Hungarian government’s granting of political asylum to Marcin Romanowski significantly alters the accused politician’s legal situation, making it more difficult for Hungary to execute the European Arrest Warrant.

Just hours before Romanowski’s lawyer announced the asylum grant, Polish Prime Minister Donald Tusk cautioned against any “odd decisions” from Budapest. “If Budapest makes any odd decisions that contradict European law, such as granting political asylum or ignoring the European Arrest Warrant, Viktor Orbán will find himself in a precarious position, not me,” Tusk stated.

The Polish government has indicated that if Budapest fails to meet its European obligations, it will request that the European Commission initiate proceedings against Hungary. Additionally, Poland’s ambassador to Budapest has been recalled to Warsaw indefinitely, just one day after the Hungarian government granted asylum to the former PiS politician.

EU member states must execute arrest warrants

Regarding the situation, European Commission spokesman Stefan de Keersmaecker reaffirmed that member states must execute the European Arrest Warrant. “While we do not comment on specific cases, it is clear that member states have an obligation to execute such warrants,” he stated. He also mentioned that a judge in Hungary would need to review the European Arrest Warrant to determine if there were valid grounds for its non-execution. According to de Keersmaecker, the final decision regarding the enforcement of the European Arrest Warrant must be made within 60 days.

He added that all EU member states are considered safe in protecting fundamental rights and freedoms, which means that an EU country may only consider asylum applications from another member state under very exceptional circumstances.

Polish MFA: Orbán’s decision a hostile act against Poland

The Polish Ministry of Foreign Affairs issued a statement in response to Budapest’s decision to grant political asylum to Marcin Romanowski, who is wanted under a European Arrest Warrant. The ministry described the decision as hostile to the Republic of Poland and contrary to the elementary principles applicable to EU member states.

“In particular, the said act runs counter to the fundamental principle of loyal cooperation within the meaning of Article 4(3) of the Treaty on European Union. Assuming the alleged political persecution as justification for the decision is offensive to Polish citizens and authorities.

In response, the Ambassador of Hungary to Poland was summoned to the MFA today and received a formal letter of protest regarding this issue”.

At the same time, the Minister of Foreign Affairs decided to recall Poland’s Ambassador to Hungary, Sebastian Kęciek, to Warsaw for consultations.

“We note that granting international protection in any EU member state does not exempt the state from the obligation of executing a European Arrest Warrant. Because of its exclusively legal, not political, nature, such decision can only be taken by an independent and impartial court,” the statement highlights. 

“Should Hungary fail to meet its European commitments, Poland will also request the European Commission to bring an action regarding Hungary pursuant to Article 259 of the Treaty on the Functioning of the European Union,” the Polish MFA statement says.

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