30 December 2019

The Polish Judiciary, the EU and the Threat of Polexit


(Both outlets (DW and Euractiv) can safely be described as pro-EU)
Free courts are the issue that has Poland in a state of turmoil. Free in the sense of free from political influence and the potential control of the Law and Justice Party (PiS)? Or free in the sense of Polish jurisdiction, precedent and custom being respected and not subjected to the international judicial dictates of the European Union?


That's the debate that is causing all the controversy. It all depends on how it is framed. But legally, Poland is a member of the EU and thus Brussels can make the case that Warsaw (under the PiS) is in violation of the law.
This issue has been stirring for some time and yet the recent proposed disciplinary legislation has brought the controversy to a tipping point. Now there's open talk of a Polexit, a Polish departure from the European Union, and yet the way some are proposing it... it's really akin to an expulsion.
Poland, a leading power within the dissident V4 bloc is not quite in agreement with its Czech, Slovak and Hungarian fellows on issues such as the threat of Russia. Poland is fully on board with NATO when it comes to that issue. All four members have strained relations with the EU and most would have said that up to this point Viktor Orban's Fidesz-ruled Hungary embodied the greatest antagonism and hostility to Brussels within the whole European Union... perhaps the UK being excepted of course, but even that claim could be questioned.
Nevertheless it is Poland that faces the real crisis wherein the EU either has to assert its power and slap down the PiS or face the undermining and erosion of its authority. And yet just how can the PiS be disciplined? This is unclear. At one time the threat of an ejection from the EU would have been viewed as an extreme punishment but in today's political climate that's not necessarily the case. Not a few of the EU's Right wing governments would happily lead their countries out of EU membership, but after watching Brexit, everyone is hesitant. The UK experience has provided a textbook example of how not to do it.
A Polexit would certainly throw the EU into an existential crisis. Already there are other 'exit' movements beginning to rumble in the background. It is amazing. As I've written before I was in Europe in the mid-1990's just as the Schengen Agreement was beginning to become operable. It was hit or miss as you crossed the borders. Customs enforcement was relaxed, selective but clearly beginning to fade. There was a real sense of excitement as everyone considered the possibilities. The Euro rollout a few years later only amplified the optimism. Less than twenty years later the project is still standing and does not face an immediate threat of collapse... however, the future of the EU is under something of a cloud, hardly a sure thing. There are ominous signs and the struggles with the UK, Poland, Hungary and Italy are only the beginning.
It's going to get worse and the question will be... did the EU have enough time to really establish itself, to sink deep roots in order to weather the storms? The passing of the generation that remembered pre-EU days might have helped the cause but as it stands there are many who can clearly remember 'better days' before their countries signed on with Brussels.
Additionally, although it is a different topic in some ways, it is nevertheless related... there are those that can remember the ugliness of NATO policy in the 1980's, a time when Europe felt the fear and dread of a pending war and not a few blamed Reagan for the tensions. Some will not want to revisit that chapter and do not view the contemporary threats as even remotely justified. Security is a different question but it's not unrelated to the larger question of European unity and the question of a course being steered out of Brussels.... whether EU or NATO.
See also:
It's interesting how the Post quotes different figures than Euractiv. The Post represents the Atlantic Establishment which has at times been ambivalent (at best) with regard to the EU. But right now it's more complicated. I would say that most of them don't want to see a Polexit and yet at the same time the PiS has proven to be a real friend to Washington and its NATO policies vis-à-vis Moscow. Washington (especially under Trump) has no problem with treating the PiS leadership in a shabby manner but at the same time moves will be made to try and bring some calm to the situation.

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