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E.U. Accuses Polish Government of Undermining Democracy E.U. Accuses Polish Government of Undermining Democracy
(about 7 hours later)
WARSAW — The European Parliament accused Poland’s right-wing government on Wednesday of undermining democracy, overwhelmingly adopting a resolution urging it to respect the decisions of a top Polish court.WARSAW — The European Parliament accused Poland’s right-wing government on Wednesday of undermining democracy, overwhelmingly adopting a resolution urging it to respect the decisions of a top Polish court.
A constitutional crisis that has gripped the country for five months has allowed the right-wing Law and Justice party to govern with a free hand, prompting protests nationwide.A constitutional crisis that has gripped the country for five months has allowed the right-wing Law and Justice party to govern with a free hand, prompting protests nationwide.
The European Parliament resolution, backed by a coalition of liberal and left-wing factions and passed in a meeting in Strasbourg, France, calls on the Polish government to respect the decisions of the country’s Constitutional Tribunal, which is empowered to review Poland’s laws.The European Parliament resolution, backed by a coalition of liberal and left-wing factions and passed in a meeting in Strasbourg, France, calls on the Polish government to respect the decisions of the country’s Constitutional Tribunal, which is empowered to review Poland’s laws.
The motion urged the European Commission, the executive arm of the European Union, to take actions to force the Polish government to follow the resolution’s recommendations. If the Polish government fails to do so, it could face penalties.The motion urged the European Commission, the executive arm of the European Union, to take actions to force the Polish government to follow the resolution’s recommendations. If the Polish government fails to do so, it could face penalties.
Representatives of Law and Justice quickly denounced the vote, calling it “absurd” and saying the government would not comply with it.Representatives of Law and Justice quickly denounced the vote, calling it “absurd” and saying the government would not comply with it.
After Law and Justice swept to power in October, it appointed five judges to the Constitutional Tribunal, ignoring the judges who had been chosen by the previous government. It later passed a law that severely limited the tribunal’s powers.After Law and Justice swept to power in October, it appointed five judges to the Constitutional Tribunal, ignoring the judges who had been chosen by the previous government. It later passed a law that severely limited the tribunal’s powers.
Law and Justice contended that because the previous government had improperly appointed two of those judges — as the Constitutional Tribunal had ruled — none of the five should be seated.Law and Justice contended that because the previous government had improperly appointed two of those judges — as the Constitutional Tribunal had ruled — none of the five should be seated.
In December, though, the tribunal ruled that the three judges who had been properly appointed by the previous government should be seated. Law and Justice refused, and Poland’s president, Andrzej Duda, who was a member of the party until May 2015, refused to swear in the judges.In December, though, the tribunal ruled that the three judges who had been properly appointed by the previous government should be seated. Law and Justice refused, and Poland’s president, Andrzej Duda, who was a member of the party until May 2015, refused to swear in the judges.
Last month, the tribunal struck down the new law restricting its powers. But the government in Warsaw said the court did not have the authority to do so, and it refused to publish the tribunal’s ruling, which is required for it to take effect.Last month, the tribunal struck down the new law restricting its powers. But the government in Warsaw said the court did not have the authority to do so, and it refused to publish the tribunal’s ruling, which is required for it to take effect.
The impasse effectively neutralized the tribunal and prompted the European Commission to open a three-step inquiry into whether the Polish government had violated the union’s democratic norms.The impasse effectively neutralized the tribunal and prompted the European Commission to open a three-step inquiry into whether the Polish government had violated the union’s democratic norms.
According to the resolution on Wednesday, which passed with a vote of 513 to 142, Parliament “is seriously concerned that the effective paralysis of the Constitutional Tribunal in Poland endangers democracy, human rights and the rule of law.”According to the resolution on Wednesday, which passed with a vote of 513 to 142, Parliament “is seriously concerned that the effective paralysis of the Constitutional Tribunal in Poland endangers democracy, human rights and the rule of law.”
The resolution is not legally binding, but it offers yet another sign that Poland, the sixth-largest economy in the union and a major net recipient of its programs, faces growing pressure from Western powers.The resolution is not legally binding, but it offers yet another sign that Poland, the sixth-largest economy in the union and a major net recipient of its programs, faces growing pressure from Western powers.
Ryszard Czarnecki, a Law and Justice member of the European Parliament, called the resolution “coarse and vulgar.” Ryszard Legutko, also a member of the party, said the Polish government would not follow the motion’s recommendations. Ryszard Czarnecki, a Law and Justice member of the European Parliament, called the resolution “coarse and vulgar.” Ryszard Legutko, also a member of the party, said the government would not follow its recommendations.
“This resolution is absurd, harmful, incomplete and countereffective,” he said. “There are bombs exploding, a refugee crisis underway, looming Brexit, and the E.U. focuses on a problem which is not even a problem.”“This resolution is absurd, harmful, incomplete and countereffective,” he said. “There are bombs exploding, a refugee crisis underway, looming Brexit, and the E.U. focuses on a problem which is not even a problem.”
If Poland’s government refuses to comply with the resolution’s recommendations, the European Commission can move to the next step of procedures to safeguard the rule of law: recommending “that the Member State solves the problems identified within a fixed time limit.”If Poland’s government refuses to comply with the resolution’s recommendations, the European Commission can move to the next step of procedures to safeguard the rule of law: recommending “that the Member State solves the problems identified within a fixed time limit.”
If that also fails, Poland’s voting rights in the European Union could be suspended, though such a decision is considered unlikely. It would require the unanimous approval of European Union members, and Hungary, which has also been accused of violating democratic norms, has already said that it would not support it.If that also fails, Poland’s voting rights in the European Union could be suspended, though such a decision is considered unlikely. It would require the unanimous approval of European Union members, and Hungary, which has also been accused of violating democratic norms, has already said that it would not support it.
“If Polish authorities don’t want the international public to get involved in Polish affairs, they shouldn’t give it reasons to do so,” Donald Tusk, president of the European Council and a former prime minister of Poland, said on Wednesday. “Today, there are way too many reasons.”“If Polish authorities don’t want the international public to get involved in Polish affairs, they shouldn’t give it reasons to do so,” Donald Tusk, president of the European Council and a former prime minister of Poland, said on Wednesday. “Today, there are way too many reasons.”