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.

Review of ‘Gwiazda. 2015. Democracy in Poland’ published in East European Politics

gwiazda 2015 democracy in poland covereep coverMy review of Anna Gwiazda’s book ‘Democracy in Poland. Representation, participation, competition and accountability since 1989’ (Routledge, 2015) has been published in East European Politics. The book provides one of the first comprehensive empirical studies of Polish democracy between 1989 and 2011. You can read the full review here (subscribers only).

Paper accepted – ISPP Annual Conference, ICD Herzliya

Presidents of the Visegrád group, Budapest 2003 – Photo: Archive of the Chancellery of the President of the Republic of Poland – www.prezydent.pl via wikimedia commons

My paper “Predecessors and constitutions: The evolution of Central and Eastern European presidents’ perceptions of their office” has been accepted for presentation at the 36th Annual Scientific Meeting of the International Society of Political Psychology, 8-11 July 2013, ICD Herzliya, Israel.
The paper is an updated version of my paper for the BASEES/ICCEES European Congress at Cambridge and examines the factors that have shaped CEE presidents’ perception of their office and how this perception influenced their behaviour in office.

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