The solution adopted at the European Council providing for a EUR 90 billion loan for Ukraine came as something of a surprise. Media outlets counted among the losers of the summit the German chancellor, Friedrich Merz, as well as the head of the Polish government, Donald Tusk. The latter, however, tried to present the outcome of the summit as a success. Sebastian Kaleta points to a specific legal requirement, the failure to meet which could expose Tusk to charges of diplomatic treason.
European leaders at the summit in Brussels decided to grant Ukraine support in the form of a EUR 90 billion loan for the next two years. It will be financed through joint debt guaranteed by the EU budget. However, there was no agreement on using frozen Russian assets.
Global media interpreted the summit as a defeat for the German chancellor, Friedrich Merz, who failed to push through his demands.
“And it is unclear whether, in the end, it will not be EU taxpayers rather than Russia who will have to pay for the billions for Ukraine, wrote Die Welt, and in a similar tone – FAZ and Der Spiegel,” wrote the outlets.
Media criticism also reached Donald Tusk, who tried to portray the summit as a success, even though it unfolded in a completely different way than earlier scenarios had predicted.
Ratification or treason?
Sebastian Kaleta, an MP from Law and Justice (PiS) and a former deputy minister of justice, points out that this form of support for Ukraine requires ratification on the Polish side.
“In accordance with Article 89(1)(4) of the Constitution, EU budgets, as having a significant impact on Polish public finances, must be additionally ratified by statute by the Sejm and the Senate, and the statute must, of course, obtain the President’s signature. I remind that Poland’s burden stemming from its share of the guaranteed loan to Ukraine amounts to approximately EUR 4 billion, not including interest,” writes Kaleta.
He added that the issuance of additional EU debt requires, for its validity, the adoption by Poland of a ratifying statute. If Prime Minister Donald Tusk does not submit a draft of such a statute to parliament and treats the decision in its current form as binding, he may be breaking the law. Kaleta indicates that this concerns the crime of diplomatic treason under Article 129 of the Criminal Code, punishable by up to 10 years of imprisonment.
“The EU will certainly try to circumvent the requirements of national law, and here help will come… from a ruling of the Court of Justice of the European Union (TSUE) issued the day before yesterday. Namely, in the event of a dispute concerning this loan for Ukraine, the EU will likely argue that EU fiscal decisions cannot be subject to assessment under national constitutions. Among other reasons, this is why that ruling was so groundbreaking, but also so necessary for euro-bureaucrats,” explains Sebastian Kaleta.
SEJM MUSI RATYFIKOWAĆ DECYZJĘ TUSKA NA SZCZYCIE UE W SPRAWIE POŻYCZKI DLA UKRAINY ‼️
Wszyscy od wczoraj zaskoczeni są sposobem ogłoszenia nowej, wynoszącej 90 mld euro pożyczki dla Ukrainy.
Wraca problem konstrukcji budżetu UE na lata 2021-2027, który pozwolił UE emitować… pic.twitter.com/qceuv2SgPw
— Sebastian Kaleta (@sjkaleta) December 20, 2025
