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| Poland Adopts Judicial Overhaul, Escalating Clash With European Union | Poland Adopts Judicial Overhaul, Escalating Clash With European Union |
| (35 minutes later) | |
| WARSAW — Poland’s president signed sweeping legislation on Wednesday to overhaul the country’s judicial system, a move that critics say fundamentally undermines the rule of law in a nation that only three decades ago broke free from the yoke of the Soviet Union and enthusiastically embraced democracy. | WARSAW — Poland’s president signed sweeping legislation on Wednesday to overhaul the country’s judicial system, a move that critics say fundamentally undermines the rule of law in a nation that only three decades ago broke free from the yoke of the Soviet Union and enthusiastically embraced democracy. |
| The new laws effectively put the Polish courts under the control of the right-wing governing party, Law and Justice. President Andrzej Duda signed them, defying an unprecedented formal warning delivered hours earlier by the European Union, which called the legislation a “serious breach” of the core values on which the union was founded, | |
| The warning by the commission, the executive arm of the European Union, invoked Article 7 of the Treaty on European Union. The treaty includes provisions intended to ensure that the 28 member countries maintain “respect for human dignity, freedom, democracy, equality, the rule of law and human rights.” | The warning by the commission, the executive arm of the European Union, invoked Article 7 of the Treaty on European Union. The treaty includes provisions intended to ensure that the 28 member countries maintain “respect for human dignity, freedom, democracy, equality, the rule of law and human rights.” |
| The decision is unlikely to lead to any immediate punishment like a suspension of Poland’s voting rights. For the bloc to issue such a sanction, the 27 other member states would have to agree, and Hungary has already vowed to veto. | The decision is unlikely to lead to any immediate punishment like a suspension of Poland’s voting rights. For the bloc to issue such a sanction, the 27 other member states would have to agree, and Hungary has already vowed to veto. |
| The president of the European Commission, Jean Claude Juncker, said on Twitter that it was “a difficult day” not just for Poland but also for the European Union. He said he had invited the Polish prime minister, Mateusz Morawiecki, to Brussels for talks. | The president of the European Commission, Jean Claude Juncker, said on Twitter that it was “a difficult day” not just for Poland but also for the European Union. He said he had invited the Polish prime minister, Mateusz Morawiecki, to Brussels for talks. |
| The warning will also be seen as a clear signal to several other former Communist countries, including the Czech Republic, Hungary, Romania and Slovakia, which are all led by parties that espouse populist policies and which have taken, or are considering, actions viewed by critics as threatening to democracy. | The warning will also be seen as a clear signal to several other former Communist countries, including the Czech Republic, Hungary, Romania and Slovakia, which are all led by parties that espouse populist policies and which have taken, or are considering, actions viewed by critics as threatening to democracy. |
| However, Mr. Duda brushed aside those concerns in a speech to the nation Wednesday evening. | However, Mr. Duda brushed aside those concerns in a speech to the nation Wednesday evening. |
| “This view that it’s an abuse of democratic standards is unfounded,” he insisted. “It’s the opposite. What is happening is a deepening of democracy. The judges will no longer rule themselves. They aren’t some extraordinary caste; they are servants of the Polish people.” | “This view that it’s an abuse of democratic standards is unfounded,” he insisted. “It’s the opposite. What is happening is a deepening of democracy. The judges will no longer rule themselves. They aren’t some extraordinary caste; they are servants of the Polish people.” |
| He added that the laws would make the Polish justice system more efficient and enhance confidence in the courts. | He added that the laws would make the Polish justice system more efficient and enhance confidence in the courts. |
| The dispute between Poland and other members of the European Union has been building for more than two years, since the populist Law and Justice party swept into power promising to rid Poland of corruption and the remnants of communism. | The dispute between Poland and other members of the European Union has been building for more than two years, since the populist Law and Justice party swept into power promising to rid Poland of corruption and the remnants of communism. |
| The party has brushed aside criticism from Brussels, saying it amounts to meddling by out-of-touch and unaccountable bureaucrats. Since the fall of Communism, Poland has been seen as a success story in the integration of former Eastern bloc nations with the West. That progress is now considered to be under threat. | The party has brushed aside criticism from Brussels, saying it amounts to meddling by out-of-touch and unaccountable bureaucrats. Since the fall of Communism, Poland has been seen as a success story in the integration of former Eastern bloc nations with the West. That progress is now considered to be under threat. |
| The passage of the laws was the latest and most drastic move by the Law and Justice party to solidify its hold on power even as the cost of threatening the cohesion of the European Union. | The passage of the laws was the latest and most drastic move by the Law and Justice party to solidify its hold on power even as the cost of threatening the cohesion of the European Union. |
| Since taking control of the government in 2015, the party has curbed public gatherings, increased control over the news media, undermined the independence of civil services and the prosecutor’s office, and restricted the activities of nongovernmental organizations. | Since taking control of the government in 2015, the party has curbed public gatherings, increased control over the news media, undermined the independence of civil services and the prosecutor’s office, and restricted the activities of nongovernmental organizations. |
| The threat to core democratic principles in Poland, critics say, is part of a broader shift taking place across Central and Eastern Europe, where populist leaders have tapped into deep economic anxiety and the fears that accompanied the arrival on the Continent of hundreds of thousands of migrants from the Middle East and Africa. | The threat to core democratic principles in Poland, critics say, is part of a broader shift taking place across Central and Eastern Europe, where populist leaders have tapped into deep economic anxiety and the fears that accompanied the arrival on the Continent of hundreds of thousands of migrants from the Middle East and Africa. |
| There is no one-size-fits-all ideology that links populist leaders. But countries in Western Europe have watched nervously as movements that were once on the fringe have gained legitimacy. | There is no one-size-fits-all ideology that links populist leaders. But countries in Western Europe have watched nervously as movements that were once on the fringe have gained legitimacy. |
| At the same time, the United States has largely stayed out of the discussion. When President Trump visited Poland in July, controversy about the judicial overhaul was swirling and his speech was widely interpreted as emboldening the right-wing government. | At the same time, the United States has largely stayed out of the discussion. When President Trump visited Poland in July, controversy about the judicial overhaul was swirling and his speech was widely interpreted as emboldening the right-wing government. |
| For leaders in Western Europe, especially in Germany and in France, the Polish government’s decision to adopt the laws on the same day as the warning was issued amounted to a direct slap in the face. | For leaders in Western Europe, especially in Germany and in France, the Polish government’s decision to adopt the laws on the same day as the warning was issued amounted to a direct slap in the face. |
| The government also faces fierce opposition inside Poland. Law and Justice came to power with only 39 percent of the vote, but it faced a divided opposition and was therefore able to take control of the government without having to form a coalition, the first time that has happened since the first partially free elections were held in 1989. | The government also faces fierce opposition inside Poland. Law and Justice came to power with only 39 percent of the vote, but it faced a divided opposition and was therefore able to take control of the government without having to form a coalition, the first time that has happened since the first partially free elections were held in 1989. |
| An attempt to introduce a similar judicial overhaul failed over the summer after tens of thousands took to the streets night after night to voice their opposition, many waving gray flags emblazoned with a single word: “konstytucja,” or “constitution.” | An attempt to introduce a similar judicial overhaul failed over the summer after tens of thousands took to the streets night after night to voice their opposition, many waving gray flags emblazoned with a single word: “konstytucja,” or “constitution.” |
| The legislation prompted the European Union’s first-ever investigation into a member country’s respect for the rule of law. | The legislation prompted the European Union’s first-ever investigation into a member country’s respect for the rule of law. |
| Under pressure from the protesters and from world leaders, Mr. Duda defied his own political camp and unexpectedly vetoed the first draft bills. | Under pressure from the protesters and from world leaders, Mr. Duda defied his own political camp and unexpectedly vetoed the first draft bills. |
| Since then, however, he has huddled in private with the leader of the Law and Justice party, Jaroslaw Kaczynski, a fierce ideologue who controls most of the levers of power in Poland, about ways to amend the legislation to make it more palatable. | Since then, however, he has huddled in private with the leader of the Law and Justice party, Jaroslaw Kaczynski, a fierce ideologue who controls most of the levers of power in Poland, about ways to amend the legislation to make it more palatable. |
| Originally, the plan was to get rid of the entire Supreme Court, but the revised legislation changes the retirement age for the court’s judges to 65 from 70. That would effectively force out a little less than half of the roughly 80 active justices, including the court’s president, Malgorzata Gersdorf, who has been a vocal critic of the government’s actions. | Originally, the plan was to get rid of the entire Supreme Court, but the revised legislation changes the retirement age for the court’s judges to 65 from 70. That would effectively force out a little less than half of the roughly 80 active justices, including the court’s president, Malgorzata Gersdorf, who has been a vocal critic of the government’s actions. |
| “What is happening in the country hurts me very much,” she told the Polish newspaper Rzeczpospolita. “I can’t understand how you can destroy social ties like that, turn the law into nothing.” | “What is happening in the country hurts me very much,” she told the Polish newspaper Rzeczpospolita. “I can’t understand how you can destroy social ties like that, turn the law into nothing.” |
| “I feel very sorry for my country,” she added. | “I feel very sorry for my country,” she added. |
| Another measure in the new laws will change the way judges are selected, politicizing the process by giving more control to the lower house of Parliament, which is controlled by Law and Justice. | |
| The Venice Commission, a panel of constitutional law experts that advises the Council of Europe, an international rights organization, has warned that giving Parliament the right to select replacements for current members of the National Judiciary Council, which appoints judges, “will lead to a far-reaching politicization of this body.” | The Venice Commission, a panel of constitutional law experts that advises the Council of Europe, an international rights organization, has warned that giving Parliament the right to select replacements for current members of the National Judiciary Council, which appoints judges, “will lead to a far-reaching politicization of this body.” |
| The battle over the courts in Poland is one of a series of contentious moves by the Law and Justice party. Last week, the government adopted widely contested changes to the country’s electoral and local government laws. | The battle over the courts in Poland is one of a series of contentious moves by the Law and Justice party. Last week, the government adopted widely contested changes to the country’s electoral and local government laws. |
| Those new rules change the way in which members of the national election commission, which oversees voting, are selected. | Those new rules change the way in which members of the national election commission, which oversees voting, are selected. |
| The overhaul of the judiciary could also affect elections because, in addition to serving as the highest court of appeal for all civilian and criminal cases, the Supreme Court is responsible for validating voting. | The overhaul of the judiciary could also affect elections because, in addition to serving as the highest court of appeal for all civilian and criminal cases, the Supreme Court is responsible for validating voting. |
| The warning from the European Commission is “a very serious thing, the first time in the history of the E.U. that this procedure will be officially started,” said Vladimir Bartovic, director of the Europeum Institute for European Policy, a nonprofit research group based in Prague that focuses on Central and Eastern Europe. | The warning from the European Commission is “a very serious thing, the first time in the history of the E.U. that this procedure will be officially started,” said Vladimir Bartovic, director of the Europeum Institute for European Policy, a nonprofit research group based in Prague that focuses on Central and Eastern Europe. |
| But move by the E.U. was is not without risks of its own. It could embolden Mr. Kaczynski and draw more support for his cause if people believe Poland is being unfairly targeted by what many view as distant elites in Brussels. | But move by the E.U. was is not without risks of its own. It could embolden Mr. Kaczynski and draw more support for his cause if people believe Poland is being unfairly targeted by what many view as distant elites in Brussels. |
| The Polish minister of foreign affairs, Witold Waszczykowski, expressed anger even before the commission’s vote, saying the decision was “an attempt to stigmatize Poland and push us aside when key decisions are made in the E.U.” | The Polish minister of foreign affairs, Witold Waszczykowski, expressed anger even before the commission’s vote, saying the decision was “an attempt to stigmatize Poland and push us aside when key decisions are made in the E.U.” |
| Before the vote, Joanna Kopcinska, a spokeswoman for the Polish government, warned: “Obviously, we don’t ignore the message that comes from the European Commission about the threat to the rule of law in our country, but it’s absolutely unfounded,” she said. “The bloc has too many immediate problems that need to be solved to pay so much attention to Poland. Poland is a democratic and sovereign state, and there is nothing bad going on here.” | Before the vote, Joanna Kopcinska, a spokeswoman for the Polish government, warned: “Obviously, we don’t ignore the message that comes from the European Commission about the threat to the rule of law in our country, but it’s absolutely unfounded,” she said. “The bloc has too many immediate problems that need to be solved to pay so much attention to Poland. Poland is a democratic and sovereign state, and there is nothing bad going on here.” |
| “Scaring Polish society with sanctions is unjustified,” she added. | “Scaring Polish society with sanctions is unjustified,” she added. |