Last Thursday marked another important landmark of the constitutional crisis in Poland. Law and Justice – the Poland’s ruling party – appointed in a parliamentary voting another member of the Constitutional Court. The light in the tunnel is gone. Law and Justice provided the ultimate evidence of its unwillingness to solve the crisis in a democratic way.
The new Polish right-wing government is often labelled as nationalistic, populistic and radical. However it tries to reject this epithets, they are all true. The “good change” is a political slogan of the Law and Justice government that marks the major shift that has recently been introduced in Poland.
Due to the lack of a two-third majority which would enable Law and Justice to change the Constitution officially and to implement the ideas similar to those of Hungarian Prime Minister Victor Orban, the governing party is often hovering on the edge of breaching the Constitution.
Whether we like it or not, getting closer to Budapest means not only drifting away from Berlin and Brussels, but also from Washington. The political position of Poland in the world states its power in Europe. But a strong position in Europe shouldn’t be built in a way that the Law and Justice does it. In such way, you can only lose this position.
The sphere of entitlement and privileges of authorities and the sphere of rights and freedoms of citizens form a relationship which is characterised by inevitable and perpetual tensions. Every political system – may it be liberalism or democracy – works the same way.
With the president who is not willing to perform his duties as the guardian of the Constitution, it seems that it is thanks to the EU membership that there is still a kind of a safety net for Poland. Joining the EU back in 2004 now, in the light of the government that has set out to question the basic principles of European democracy, may prove a real lifesaver.
The purely staff-related nature of the reforms and the statements by Law and Justice’s politicians leave no doubts that the media fight has one objective: undermining the public media’s ability to scrutinise the actions of the government. The attempt to turn the Polish media into a propaganda tool of the government has already been noticed abroad.
The sequence of events in Poland might sound familiar to many of you. Hungary experienced quite a similar scenario. Clearly, Poland is not an isolated case. Political radicalisation and anti-democratic backtracking might be contagious.
President Andrzej Duda has just signed the act passed recently by both the Polish parliament (o, hail, the parliamentary majority of Law and Justice!) and the Senate (yay! another session held at 3am!) that is to alter the way in which Constitutional Tribunal operates. So now instead of 5 independent judges we’ll have 15 (thus 13 will be necessary to make a binding decision) judges of somewhat dubious background while all claims will be scrutinized according to the chronological order in which they have been filed. Sounds sound, but is it really?
