CCCU Expert Comment: The deterioration of Polish democracy

Following the announcement of Polish President Andrzej Duda to veto two bills that are part of the governments controversial plans to reform the judiciary, I wrote a brief commentary for the CCCU Expert Comment blog. You can find the whole text below:

THE DETERIORATION OF POLAND’S DEMOCRACY

Dr Philipp Köker explains that the President’s veto is unlikely to stop the deterioration of Poland’s democracy.

The Polish president, Andrzej Duda, has announced that he will veto two highly controversial bills aimed at reshaping the country’s judicial system.

At first glance, this may appear as a success for thousands of Poles who protested for weeks across the country and abroad. However, even though the president’s veto can only be overridden by a 3/5 majority in the Lower House of parliament, the veto alone is unlikely to stop the deterioration of Polish democracy.

Since taking office, the Law and Justice Party – whose leader Jarosław Kaczyński has publicly expressed his admiration for the policies of Hungarian Prime Minister Viktor Orbán – has taken it upon themselves to reshape the country’s political system by bringing state media and judiciary under their control.

Shortly after their election in 2015, their government overruled nominations for five constitutional judges that had still been made by the last parliament and later refused to publish a ruling of the Constitutional Court that demanded three of these had to be sworn in by president Duda. Yet Duda, a member of Law and Justice himself, refused.

Subsequently, the government effectively cleansed state media of critical editors and journalists who the party had long accused of biased coverage.

Since then, objective coverage and commentary has been largely absent from public channels. The reform of the judiciary, already at the heart of the party’s programme during its first government in 2005-2007, is now a further step towards an ‘illiberal state’ modelled on the Hungarian example.

One of the two bills now vetoed by the president would have given the justice minister the right to fire the heads of lower courts, while the other would have allowed the government to replace all Supreme Court judges.

President Duda has been complicit in all these changes and so far failed to provide an effective check-and-balance on the government. However, presidential action was inevitable after it emerged over the weekend that the Polish Senate had passed bills in different versions than the lower chamber. Nevertheless, the veto alone is unlikely to put a halt to the Poland’s descent into illiberalism.

The president has only temporarily halted a reform that will inevitably be implemented unless other countries stand together and oppose this attack on democracy.

The EU, which has already threatened Poland with a suspension of its voting rights, will thereby play a key role. However, individual states and their parties also have an important role to play. Although the UK is headed for Brexit, Theresa May must not be indifferent to these developments – in particular because both the Conservatives as well as the DUP have a long history of cooperation with Law and Justice in the European Parliament.

Dr Philipp Köker is Senior Research Fellow in Politics and International Relations at Canterbury Christ Church University. He is an award-winning expert on presidential politics in European democracies. His new book ‘Presidential Activism and Veto Power in Central and Eastern Europe’ has just been published with Palgrave Macmillan.

CCCU Expert Comment: Hung parliaments are democracy in action

On Friday, 9 June, I wrote a brief commentary on the outcome of the UK General Election for the CCCU Expert Comment blog. You can find the whole text below.

HUNG PARLIAMENTS ARE DEMOCRACY IN ACTION

Dr Philipp Köker explains why coalitions are not detrimental to democracy or strong leadership.

Theresa May’s gamble to consolidate (or even increase) her majority in the House of Commons has not paid off. Instead, the Conservatives have lost their majority and now need to find a coalition partner to continue to govern and ‘command the confidence of the House of Commons’.

Hung parliaments such as this or, more generally speaking, elections in which no party receives an absolute majority of seats are very common across democracies in Europe and beyond. Yet the subsequent governing coalitions are not just a matter of necessity, but an expression of democracy in action.

The mantra that ‘coalitions are undemocratic’ which we repeatedly heard after the 2010 election, is unheard of in other democracies and points to a questionable understanding of democracy among the British political elite. Democracy is exactly not winner takes all – majority rule, but requires compromise and cooperation to achieve the best outcome for everybody – not just for those who voted for the largest party.

Especially in the UK’s First-Past-The-Post electoral system, in which less than a third of all MPs receive an absolute majority of votes in their constituencies and many voters will never see their preferred candidate elected, a coalition government, irrespective of its composition, has the potential to increase the quality of democracy.

The inclusion of several parties increases the support base and legitimacy of the government and provides an additional mechanism of checks-and-balances, which prevents unilateral decision-making by a single leader.

Furthermore, coalitions require political parties to find new mechanism of conflict resolution and force them to consider a wider variety of viewpoints and potential solutions. Last, coalitions are not necessarily detrimental to strong leadership, but provide an opportunity to show actual leadership abilities. Nobody would question the leadership of Angela Merkel just because she has presided over coalition governments since coming to office in 2005.

Presidential Power – A new blog on presidents and presidential politics

presidential-power.comAfter having kept my blog www.presidentialactivism.com on presidents and politics in Central and Eastern Europe for over three years, a number of other political scientists and I have now joined forces and started a new collaborative blog on presidents and presidential politics around the world: www.presidential-power.com.

We will follow the activity of both directly elected and indirectly elected presidents; we will also post information about how presidents use their powers in different countries as well as information about events that affect presidents. I will be responsible for covering the Baltic states, Central Europe (Poland, Czech Republic, Slovakia, Slovenia, Hungary), Germany and Austria. We also have a Twitter account and Facebook page – feel free to follow/like!

I will still continue my to write articles for this blog from time to time and will post links to any articles that I write for the new blog. I will also keep my Twitter account (@pres_activism) and my Facebook page (facebook.com/presidentialactivism).

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Re-launch of my blog on presidential activism

Today I re-launched my academic blog www.presidentialactivism.com with news, analysis and commentary on presidential activism in Central and Eastern Europe (but not only)! My first new article deals with the re-activation of the presidential office in Hungary by the new president János Áder.After fieldwork, conferences and other research-related duties prevented me from writing any articles I will now start to blog again regularly. I aim to publish about one longer article as well as a summary of the most important president-related news every week. My more frequent updates on Twitter & Facebook will of course continue so make sure to follow me!