Poland’s elections and the rule of law

Poland’s Law and Justice government has repeatedly challenged and undermined democratic principles and the rule of law. The political repression and penalisation that judges are subject to is a threat to the independence of the judiciary not only in the country itself but to the European Union as a whole.

The situation calls for the European Union and all of its Member States to take measures to counter the Law and Justice-led, or PiS as the party is known in Poland, government’s attacks on the rule of law.

On April 8, the European Court of Justice ordered an immediate suspension of the Disciplinary Chamber of the Supreme Court in Poland. It came as no surprise, given that the chamber is politically controlled and that the PiS government uses it as a tool to strengthen its control over the judiciary system.

Still, the rule of law in Poland is deteriorating. Though the situation is quite acute, the Polish government has not abandoned its plan to go ahead with the presidential elections in May, despite the ongoing pandemic.

National elections rightly fall under a nation’s self-determination, but when the pandemic makes running a fair and balanced electoral campaign impossible for all candidates except the incumbent president, backed by the ruling party, the stage is set for a violation of basic democratic principles.

Attempts at making last-minute changes to the electoral code, coupled with a politicised Chamber of Extraordinary Control and Public Affairs of the Supreme Court to validate the election, makes it most difficult to consider the election fair and free.

This, in combination with previous steps taken by the Polish government and their effect on the rule of law, calls for the European Union and its Member States to act decisively. It is indeed welcome that the Commission launched an infringement procedure with regards to the PiS government’s actions against the judiciary, but it’s too little, too late.

The European Union needs a much more effective toolbox to uphold the Union’s fundamental values. Clearly, access to EU funds should be subject to conditionality and there must be a direct link to the rule of law. Such a mechanism will surely be an incentive for the PiS government to respect the rule of law in the future and prevent further attacks on the rule of law, wherever it may occur.

Protecting the rule of law in all countries is a responsibility for all.