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Nawrocki's narrow win sets up clash with Tusk over EU policy implementation

Poland's new president can veto legislation needed to enact EU decisions, creating a second centre of power that may stall rule-of-law reforms, migration policy and climate measures.

By , Ideas Editor

Published

8 min read

Karol Nawrocki's victory in Poland's presidential election was confirmed on Monday morning with a margin so narrow it barely exceeds a rounding error. The former head of the Institute of National Remembrance, running as an officially non-partisan candidate but backed unequivocally by the Law and Justice (PiS) party, defeated the liberal Warsaw mayor Rafał Trzaskowski by less than one percentage point. The result instantly reshapes the institutional balance in Warsaw: for the first time since Donald Tusk returned as prime minister in December 2023, the presidency and the premiership will be held by politicians from opposing camps.

The constitutional architecture of the Polish state makes this division more than symbolic. While the government holds exclusive competence over European Union policy, a point Piotr Buras, who heads the Warsaw office of the European Council on Foreign Relations, stressed repeatedly, the president possesses a veto over any legislation that reaches his desk. Since almost every EU directive, regulation or council decision requires transposition into Polish law, Nawrocki will have a de facto blocking right over the implementation of the very EU agenda his prime minister supports.

The veto as a lever

Outgoing president Andrzej Duda, a PiS loyalist, used his veto 87 times during his first term and continued the practice after Tusk took office, rejecting bills on judicial appointments, media reform and the recognition of same-sex partnerships. Nawrocki campaigned explicitly on continuing that obstructive approach. He has signalled opposition to the Tusk government's judicial repair laws, to any liberalisation of Poland's near-total abortion ban, to the EU's migration pact and to the Fit for 55 climate package. Buras expects blockades on all four fronts, noting drily that Tusk's own coalition is "far from progressive" on migration and climate, which may blunt some confrontations but will not remove them.

The president's formal powers extend further. As commander-in-chief he controls the armed forces; he appoints the prime minister (though parliament must approve); he signs international treaties; and he can refer legislation to the Constitutional Tribunal, a body still dominated by judges appointed under PiS. Each of these levers can be used to slow, reshape or embarrass the government's European engagements. A treaty ratification, for example, any future EU accession treaty for Ukraine, which Nawrocki opposes, cannot proceed without his signature.

Brussels watches the Article 7 legacy

The European Commission's reaction was calibrated. Ursula von der Leyen posted on X: "I'm confident that the EU will continue its very good cooperation with Poland. We are all stronger together in our community of peace, democracy, and values." The language was deliberate. Only last year the Commission closed the Article 7 procedure launched in 2017 against Poland over judicial independence, releasing more than €35 billion in cohesion and recovery funds that had been frozen. The closure rested on the Tusk government's legislative programme to restore judicial independence, a programme Nawrocki now has the tools to stall.

Daniel Freund, a Green MEP who has tracked the rule-of-law dossier for years, called the fund release a "mistake" and urged the Commission to reapply financial pressure. The Commission's daily briefing on Monday declined to speculate on repercussions, reiterating only its "confidence in Poland's further implementation of reforms." That confidence will be tested the moment Nawrocki vetoes a judicial reform bill that the Commission considers essential to the Article 7 commitments.

A government constrained but not paralysed

Tusk's coalition holds a working majority in the Sejm, the lower house, but lacks the three-fifths supermajority required to override a presidential veto. That arithmetic means every contentious bill must either be negotiated with the president beforehand or abandoned. The prime minister has already signalled a willingness to talk: on election night he congratulated Nawrocki and called for "dialogue for the good of Poland." Whether that dialogue produces compromise or deadlock will define the next three years.

The policy areas most exposed are those where EU law demands national legislation. The migration pact, adopted by the Council in 2024, requires member states to transpose solidarity mechanisms and border procedures by mid-2026. Poland's parliament must pass implementing acts. Nawrocki has described the pact as a threat to sovereignty. On climate, the Fit for 55 package demands national energy and transport laws that the president can delay. On rule of law, the Commission's monitoring reports will judge whether the judicial reforms survive presidential scrutiny.

The sovereignty argument and its limits

Nawrocki's campaign leaned heavily on a sovereignty narrative that resonates beyond PiS voters. Buras noted that "skepticism regarding a loss of sovereignty and interference in the country's internal affairs was widespread in Poland, and Nawrocki had taken advantage of that prevailing mood." Neither PiS nor Nawrocki has ever advocated Polexit; the European Conservatives and Reformists group, which includes PiS, celebrated the victory by declaring that Europe must remain a "community of free nations, not a machine that ignores the will of the people." That framing, intergovernmentalist rather than secessionist, is the mainstream of Polish Euroscepticism.

It also aligns with the rhetoric of Viktor Orbán, who hailed a "fantastic victory" and promised a reinvigorated Visegrád Group. Giorgia Meloni offered similar warmth. Emmanuel Macron, by contrast, urged Poland to champion a Europe that is "strong, independent, competitive" and "respects the rule of law." The divergence between the Rome-Budapest-Warsaw axis and the Paris-Berlin line on what European sovereignty means in practice will now have a direct institutional channel in Warsaw.

Early elections? A plausible scenario

René Repasi, a Social Democrat MEP, went further than most, predicting that the "mess" between a right-wing president and a centrist government makes new parliamentary elections "not unlikely." The Polish constitution allows the president to shorten the Sejm's term only with the consent of the Senate and under specific conditions, but political pressure can achieve the same result. If vetoes paralyse the legislative agenda, Tusk may calculate that a fresh mandate is his only way to govern. Polls currently show his coalition and the PiS-backed opposition in a statistical tie.

What the numbers conceal

The headline margin, less than one point, masks a deeper geographic and demographic split. Nawrocki dominated in the east and south, in smaller towns and rural areas; Trzaskowski won the major cities, the west and the north. Turnout reached 71.6%, the highest for a presidential run-off since 2000. That mobilisation suggests the polarisation that has defined Polish politics for a decade is not fading. For the EU, it means the Polish partner across the table in Brussels will speak with two voices for the foreseeable future: one from the prime minister's office in the Chancellery, one from the presidential palace on Krakowskie Przedmieście.

The European Parliament's Committee on Civil Liberties, Justice and Home Affairs has already requested a briefing from the Commission on the implications of the Polish result for the rule-of-law framework. That hearing, likely in July, will be the first public forum where the EU's institutions confront the new reality in Warsaw. For now, the only certainty is that the Polish prime minister and the Polish president will be reading the same EU directives, and reaching different conclusions about what to do with them.

Sources

  1. dw.com

    dw.com · 2025-06-03

People mentioned

  • Karol Nawrocki

    President-elect of Poland, Presidency of the Republic of Poland

  • Donald Tusk

    Prime Minister of Poland, Government of Poland

  • Ursula von der Leyen

    President of the European Commission, European Commission

  • Piotr Buras

    Warsaw bureau head, European Council on Foreign Relations

  • Daniel Freund

    Member of the European Parliament, European Parliament

Organisations

European Commission · European Parliament · Law and Justice (PiS) · European Council on Foreign Relations · Government of Poland · Presidency of the Republic of Poland

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