European Commission: rule of law in Poland under ‘systematic threat’ News
European Commission: rule of law in Poland under ‘systematic threat’

The European Commission (EC) [official website] called upon Poland [press release] Wednesday to guarantee political freedom to its top court, saying the rule of law in the country is under “systematic threat.” Poland’s highest court, the Constitutional Tribunal, has faced rapid changes and international criticism over the past year as the ruling Law and Justice Party (PiS) [party website, in Polish] has come into power and fired judges and suppressed judgments. PiS is a conservative party, and EU officials have issued warnings concerning their handling of the Constitutional Tribunal. Frans Timmermans, First Vice-President of the European Commission, stated that “the Commission considers the main issues which threaten the rule of law in Poland that have not been resolved.” He went on to explain that though Poland passed legislation unblocking the court [JURIST report], such measures are not sufficient, and EC has made concrete recommendations to Poland on how to address and rectify the issues with the Constitutional Court so that the body may resume its proper judicial functions.

The international Venice Commission, a branch of the Council of Europe [official websites], began an investigation [press release] into Poland’s recent changes to its Constitutional Court this past February. The EU is examining the decision regarding the Constitutional Court as well as new media laws passed in January [JURIST reports]. Earlier this year the Polish government passed a controversial surveillance law [JURIST report] that grants the government[press release, Polish] greater access to digital data and broader use of surveillance for law enforcement. The PiS, a conservative party elected in October, holds an overwhelming majority [BBC report] of positions in the Polish government including the lead in both parliamentary houses and the presidency. Last December the leader of the European Parliament [official website] compared PiS’ rise to power in Poland to a coup [BBC report], leading to Parliament calling for an apology. PiS has rejected [DW report] criticisms that its policies are undermining democracy in Poland. However, there is a larger concern in the EU that new Polish law will erode checks and balances on government powers.