My previous piece about Poland and its new Law and Justice (PiS) government’s manoeuvres has attracted a lot of attention in Poland – see the vivid stream of comments from all sides of the arguments and more.
This morning it has been announced that the European Commission has decided to launch a ‘preliminary assessment under the rule of law framework’ of Poland’s recent legal/constitutional moves. Poland is asked to have a ‘constructive dialogue’ with the Commission accordingly.
Let’s see how this proceeds. No doubt mainly acrimoniously.
In the meantime, here’s my latest Commentator piece in which I am unimpressed with the way EU HQ in Brussels has handled the diplomacy of this question:
First and foremost, the EU top brass need to recall that each EU member state is complicated. There are all sorts of tried and proven ways of achieving modern democratic constitutional ‘balance’. For example, after these changes the Polish Constitutional Court, as before, can strike down new Polish laws as unconstitutional.
In the UK the Supreme Court has no such power, as we craftily don’t have any constitution.
Is the rule of law in Poland under PiS ‘better’ than the UK in this important respect? Hmm. Let’s be careful about weighing in here — best keep a sense of proportion!
Likewise, every EU member state has its own rules and traditions for public service broadcasting, and on foreign ownership of private media outlets. How political balance is maintained is highly contentious. Best not to rush to pronounce on what PiS are now doing without looking closely at the likely new balance of media freedoms in Poland and at how it looks against what’s happening elsewhere in the EU? Less is more!
In short, even if the Martian is correct and Poland has stepped ‘back’ a notch or two, how does the new situation in Poland substantively compare to what everyone else is doing? Are we talking about drastic, dangerous reversals, or mishandled ‘European’ fine-tuning, or something messy in the middle? And in any case how wisely to proceed?
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The job of EU leaders in Brussels in cases like this is to calibrate their responses with extra subtlety and sensitivity. Anyone who knows anything at all about Poland and PiS understands that open, clumsy, foreign pressure on Warsaw from anyone with a German-sounding name will play straight into their political hands.
So much better to have a quiet private and above all respectful word with key PiS Ministers, and take it cautiously from there.
The depressed Polish opposition of course will be hooting for Brussels to ‘do something’ that favours their side. Let them hoot for the time being: the key Brussels task now with these new prickly PiS people is to patiently build good personal relations, so that any eventual interventions from Brussels are made and received in good faith.
Instead of such patient diplomacy we have seen spectacular, patronising, public Brussels bungling that has made everything worse. To the point where European Council president Donald Tusk (previously Poland’s Prime Minister and opponent of PiS) is now warning that ‘exaggerated opinions’ about Poland in Brussels might be ‘counter-productive’.
Really? Say it’s not so!
The key point is that we all know that such ‘preliminary assessments’ under the ‘rule of law framework’ will never be launched by the Commission against France or Germany or Belgium, whatever the dismal goings-on in those member states. There is something subtly paternalistic and dismissive in the way this is being dealt with by the Brussels elite: it conveys a sense that Poland (and Hungary and all those other pesky ungrateful ex-communists over there somewhere near Siberia) are all ‘Other’ – something not quite ‘truly’ European and reliable, and therefore needing to be put firmly in their place by the ‘real’ Europeans when they appear to deviate from Euro-orthodoxy as defined by the Brussels elite themselves.
Remember when France’s President Chirac told Poland and other central Europeans to “shut up” back in 2003? Just like that.
Ugly. But worse, practically unwise and counter-productive. In the EU’s wobbly circumstances today when Germany itself is struggling to cope with self-propelled rule of law issues on its own streets, everything possible needs to be done to play up what we have in common, not what divides us. This Commission move looks to me to be more divisive than helpful, and perhaps done only because it has made a complete fool of itself and has to be seen to be doing ‘something’ to save face.
Yet another very measured and balanced response by Ambassador Charles Crawford. Poland's politics might be zigzagging at times but it moves steadily towards greater cooperation with EU. Bashing and name calling (far-right by "The Economist") of legitimately elected PiS (Law and Justice) government is indeed causing more harm than good. Diplomacy and cool heads are needed rather than anti-Polish media campaign. Well done Ambassador Crawford. Thank you for sharing your views.
I agree 100% with your article. The EU Commission – unelected in any meaningful sense of the word (unlike PiS) and with a constant desire to extend its remit through the use of weasel clauses in the EU Treaty – reserves its censure for the newer Member States. It would do better to look at how it does its own business (as would the European Parliament for that matter). The forthcoming EP debate will be worth following as a master class in posturing, attitudinizing and …hypocrisy.
"…and perhaps done only because it has made a complete fool of itself and has to be seen to be doing ‘something’ to save face." I really like that conclusion, however with fools there is always a danger that they will find an opportunity to make even bigger fools of themselves.
I am afraid we can witness this in near future.
Thank you for that piece. It's a bit upliftling.
In my opinion KE members do not know details and facts on what the new government has really been doing, i.e. trying to get back balance, plurality and order.
Without doubt the Commission has been egged on by PO/Nowoczesna politicians saying half-truths not to say lies, otherwise it would not make a fool of itself claiming that PIS allegedly is breaking any UE democratic values (whatever it means).
I wonder what the Commission will do being faced with facts, will it take them and admit their statements were wrong or will it "interpret" them according to PO/Niezależna expectations…
Yes, I totally agree with Olimpia. The new Law and Justice government is doing a great job trying to introduce more "plurality , law and order" and more democracy, too ! This is finally the government who is devoted to the people of Poland and is doing their job by patriotism and not because some lobbies bought them, like it was the case during PO-PSL 8 years rule. The new government is also facing a very serious problem: Poland was never cleared from KGB agents ( and SB collaborators). Almost no " communist" criminal was punished yet neither, in contrary some of them still have the important positions in the state institutions.( for example as Juges, academic professors or other " experts" in TV ). These people were protected by the previous government and some of them have even received the state funeral like Gen.Jaruzelski ! They are still intoxicating seriously the vital functions of the healthy state and PIS is facing now a big battle ! Some people think that President Lech Kaczynski was killed in the plane crash because of that ! ..Good luck for the new democratic PIS government, I hope they will succeed for us ! Here is an article 'Give PIS a chance " by Adrian Karatnycky a senior fellow with the Atlantic Council and the former president of Freedom House, a democracy-monitoring group. http://www.politico.eu/article/give-pis-a-chance-…