Poland’s ‘democracy’

The decision by Poland’s upper house of parliament to give the government de facto control of the country’s highest court is a serious mistake with negative implications for Europe.

The legislation compromises judicial independence and undermines confidence in the rule of law. It deals a heavy blow to Poland’s democratic institutions. It is a staggering act of defiance of the EU. And it explodes the too-comfortable illusion that the dark forces of European nationalism and populism are in retreat.

The new law is one of several so-called reforms by the ruling Right-wing Law and Justice party (PiS), giving ministers power over the appointment of judges. All 83 of the court’s current judges will be sacked unless retained by the justice minister. Large street protests preceded a debate in the lower house of parliament last Thursday. Now that the senate has also backed it, President Andrzej Duda is expected to sign it into law.

Despite winning only 37.6 per cent of the vote, the PiS proceeded to foist its narrow nationalistic, ideological and cultural outlook on the rest of the country as if it had obtained an overwhelming mandate.

Europe must enforce a tough line with the PiS. Poland’s leaders should also be clear that they must not look beyond Europe for support or justification. Europe stands for democracy. Where does Poland stand?