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#Poland: ECR must speak up for the rule of law in Poland and sanction PiS

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The European Party for Conservatives and Reformists (ECR) have failed to condemn the introduction of draconian laws removing judicial independence in Poland. The changes were introduced by the ECR’s Polish member party PiS (Law and Justice); the ECR’s second largest member. The group has long hosted those with far-right views, is it time for the ECR and the British Conservatives, the group’s largest member, to speak up for the rule of law? Writes Catherine Feore.

Last week the Polish parliament adopted two laws which aim at ending the independence and impartiality of the Polish judiciary. A further law that would end the mandate of current judges will be debated by the Sejm (Polish parliament) over the next two days.

Previous acts by PiS to curb the independence of the judiciary focused on the Supreme Court and triggered the launch of the ‘Rule of Law Mechanism’ by the European Commission. This mechanism drags on, but the European Commission does not have the power to sanction the Polish government. The European Council can take action under Article 7 but it is unable to act with the necessary unanimity as long as Hungary’s very own ‘illiberal democrat’ Viktor Orban offers the Polish his support.

The leaders of the European Parliament’s European Peoples’ Party (EPP), Social and Democratic Party (S&D), Liberal Democratic Alliance (ALDE), Green (EFA-Greens) and the Nordic Green Left (GUE/NGL) have signed a joint letter urging the Commission to act now and clearly outline the consequences of the adoption of these laws. The MEPs also call on the President of Poland (also PiS) not to sign the two adopted laws and on the Polish Parliament to withdraw the draft concerning the Supreme Court.

Like all European parliamentary groups the ECR is an eclectic mix of parties loosely bunched together in a rather awkward marriage of convenience. The group is eurosceptic and carefully couches itself in terms that allow pro-European Flemish nationalists to sit with those who support leaving the EU in the British Conservative group. Nevertheless, it is currently the third largest group in the European Parliament. If the group is to have a future post-Brexit it will have to move to the centre or further right in order to win over further disciples in the next European elections, otherwise the PiS will be greatly diminished by the departure of the UK.

Manfred Weber MEP, Chairman of the EPP Group in the European Parliament, and Esteban González Pons MEP, EPP Group Vice-Chairman in charge of Legal and Home Affairs, reacted to last week’s vote with a joint statement:

“The hasty vote in the Polish Sejm on the reform of the judiciary is a turning point for Poland. By changing the law, the PiS is turning its back for good on the independence of the judiciary. A red line was crossed yesterday. With this vote, the PiS is putting an end to the rule of law and democracy in Poland and leaving the European community of values. We call on the Polish government to drop this reform plan. We also call on the European Commission and the governments of the EU Member States to react to this severe violation of EU fundamental values and to take measures against the Polish government.”

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The EPP itself has faced much criticism for not taking tough action againstst Fidesz (Orban’s party), for the ‘violation of EU fundamental values’. Those who watched events in Hungary unfold say that PiS are merely following Orban’s lead.

The former presidents of the Polish Constitutional Tribunal issued a joint statement to protest against the PiS government effectively bring the judiciary under their control:

“Without an independent administration of justice no state under the rule of law can exist. The draft statutes on the functioning of the ordinary courts the National Council of the Judiciary and the Supreme Court, which modify de facto the Constitution, will eventually abolish the independence and autonomy of the Polish judiciary from political institutions.”

The former presidents said that the laws make it impossible to organise any control of the legality of the actions taken by other authorities and impedes the effective protection of the citizens’ rights and freedoms.

Thousands of Poles demonstrated against the new laws over the weekend and about the state of democracy in Poland. However, the PiS government – like the Fidesz Party in Hungary – have tightened their grip over the independent media outlets and also removed the independence of the organisation that provides oversight of public broadcasting.

Polish lawyers and representatives of the bodies participating in the training of students - future lawyers – expressed their “deep concern” at the recent legislative changes. The lawyer are particularly critical of the fact that despite its important in terms of substance and the functioning of the judiciary it was rushed through and not made subject to extensive public and expert consultations before its submission to the Sejm. The authors of the new laws also failed to ask for the opinions of the Supreme Court, the National Council of Judiciary or the judicial self-governing bodies.

The lawyers point out that the independence of the Supreme Court is critical to the functioning of democracy as it can rule on the validity of the parliamentary and presidential elections and on the importance of national and constitutional referenda. The Supreme Administrative Tribunal hears complaints about the rejection by the National Electoral Commission on the financial statements of political parties and electoral committees and financial information on the manner in which the political party has spent its funds. The decisions directly affect the financing of political parties from the state budget and the possibility of their participation in subsequent parliamentary elections.

Urgent action to stand up to the Polish government is needed. The European Commission’s powers are limited, the European Council will be blocked by Hungary; it is up to European political parties to use their powers to insist that their member parties respect the most basic tenets of the rule of law.

Note: We contacted the leader of the ECR group in the European Parliament, British Conservative Syed Kamall MEP and have not yet received a response.

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