last week, Poland challenged the very notion of what it means to be part of the bloc when the country pushed ahead with controversial measures to overhaul its judicial system and essentially put the courts under the control of the governing party. The action set off unprecedented censure from the European Union.
For the first time, the European Commission, the bloc’s executive arm, used the most powerful threat in its arsenal to try to stop the measure, invoking Article 7 of the European Union treaty, which could strip Poland of its voting rights. It accused the government of trying to undermine core democratic values.
.. it also challenged the very notion of how effectively the bloc can deal with countries that step out of line. If Brussels fails to curb what it sees as behavior that undermines democratic values in Poland, other nations with their own populist leaders, like the Czech Republic and Romania, will be emboldened to chart their own course.
.. Poland is not Hungary, where Prime Minister Viktor Orban frequently antagonizes European Union leaders and cozies up to President Vladimir V. Putin of Russia.
.. But when the Constitution was enacted in 1997, no right-wing party was represented, including Center Agreement, a Christian democratic party and the predecessor to Law and Justice, the current ruling party.
“They refused to give this Constitution legitimacy,”
.. this lack of inclusion led to a bitterness that still fuels the governing party and its powerful leader, Jaroslaw Kaczynski.
.. When Law and Justice briefly held power before, from 2005 to 2007, its leader, Mr. Kaczynski, found himself stymied by the courts at every turn. He coined a term for what he viewed as obstructionism: prawny imposybilizm, or legal impossibilism.
.. The first move was to dismantle the Constitutional Tribunal, which is empowered to review Poland’s laws. They removed unfriendly justices and ensured the once-powerful body was little more than a rubber stamp for the party
“The mechanics of this attack on the Supreme Court are very similar,” he said. “First, you have an attack on judges.”
.. “The whole idea behind these two bills is to have full control over the national judiciary council, which has control over appointing judges,”
.. “And if you have control over the selecting committee, you need vacancies.”
.. He pointed to a new provision that allows for something known as a special extraordinary appeal, which would essentially allow any case over the past 20 years to be reopened.
.. “I am ashamed now,” he said. “We were a paragon of transformation of the rule of law. That has all changed.”