Poland’s autocratic counter-revolution
A generation ago, Poland led the struggle to replace totalitarianism in Central Europe with liberal democracy. Now, unfortunately, it has joined the vanguard of a counter-revolution that would dismantle the core institutions of a free society. In the past few days, its right-wing nationalist government has struck major blows against judicial independence and independent media.
The first step by the ruling Law and Justice party was the passage through Parliament on Friday of laws that would radically change the composition of the Supreme Court. The retirement age for judges would be lowered from 70 to 65, compelling perhaps 40 per cent of the more than 80 sitting members to step down. Meanwhile, the body that nominates new judges would be changed so that a majority of its members would be chosen by Parliament, rather than by other judges.
A report by the Venice Commission of the Council of Europe rightly concluded that the law, expected to be quickly approved by Parliament’s upper house, would “enable the legislative and executive powers to interfere in a severe and extensive manner” in the courts. Among other things, Law and Justice would be able to appoint a majority in a new Supreme Court chamber judging electoral matters.
The second strike came Monday, when a government-controlled media authority levelled a $420,000 fine on the country’s most important independent news broadcaster. Its offence was covering a protest demonstration earlier this year. Poland’s actions clearly violate the democratic norms of the European Union, and its ruling commission has begun a disciplinary process that could, in theory, lead to fines or the loss of voting rights. But both EU and Polish leaders know those actions are likely to be stymied; they must be taken by a consensus of the bloc’s 28 members, and Hungarian strongman Viktor Orban, who is guilty of the same offences, will object. Some European officials have talked about trimming EU budget funds for Poland. That might get the attention of Law and Justice leader Jaroslaw Kaczynski, who has long been hostile toward the union but wants to keep its cash coming.