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| In Poland, an Assault on the Courts Provokes Outrage | In Poland, an Assault on the Courts Provokes Outrage |
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| WARSAW — Poland’s populist government accelerated its efforts on Wednesday to control the nation’s judiciary — the last government institution offering resistance to its rule — prompting threats of sanctions from the European Union and street protests. | |
| New measures, which would allow the government to choose judges for all the nation’s courts, were introduced barely two weeks after President Trump paid a triumphant visit in which he praised the governing Law and Justice Party. The proposed changes drew widespread condemnation as an assault on democracy, and they set up a confrontation with the opposition and the public. | |
| In Brussels, a top official of the European Commission, Frans Timmermans, said at a news conference that the group was discussing the possibility of suspending Poland’s voting rights in the bloc for straying too far from its definition of democracy. | In Brussels, a top official of the European Commission, Frans Timmermans, said at a news conference that the group was discussing the possibility of suspending Poland’s voting rights in the bloc for straying too far from its definition of democracy. |
| “Each individual law, if adopted, would seriously erode the independence of the Polish judiciary,” Mr. Timmermans said. “Collectively, they would abolish any remaining judicial independence and put the judiciary under full political control of the government.” | “Each individual law, if adopted, would seriously erode the independence of the Polish judiciary,” Mr. Timmermans said. “Collectively, they would abolish any remaining judicial independence and put the judiciary under full political control of the government.” |
| And three former Polish presidents — Lech Walesa, Aleksander Kwasniewski and Bronislaw Komorowski — released a manifesto saying “we do not consent to taking away our basic civic freedoms.” A coalition of more than 175 artists and scientists signed an open letter Wednesday calling the government’s move a “coup d’état.” | And three former Polish presidents — Lech Walesa, Aleksander Kwasniewski and Bronislaw Komorowski — released a manifesto saying “we do not consent to taking away our basic civic freedoms.” A coalition of more than 175 artists and scientists signed an open letter Wednesday calling the government’s move a “coup d’état.” |
| If the populist and nationalist Law and Justice Party prevails in the showdown, it would mark what could be the final chapter in Poland’s long progression from a model Eastern European nation to what its opponents are calling an illiberal democracy. | If the populist and nationalist Law and Justice Party prevails in the showdown, it would mark what could be the final chapter in Poland’s long progression from a model Eastern European nation to what its opponents are calling an illiberal democracy. |
| With the legacy of the Solidarity movement, Poland entered the post-Soviet era with a head start on other post-Soviet nations politically, and its strong agricultural sector allowed it to quickly emerge as an economic success, as well. | With the legacy of the Solidarity movement, Poland entered the post-Soviet era with a head start on other post-Soviet nations politically, and its strong agricultural sector allowed it to quickly emerge as an economic success, as well. |
| But its status as a regional star has been endangered by the rise of the Law and Justice Party and a two-year rightward drift that has included increased government control over public news media, a crackdown on public gatherings and restrictions on civic and nongovernmental organizations. Still, at least one previous step to pull Poland to the right, a near total ban on abortions proposed last fall, was defeated after mass protests. | But its status as a regional star has been endangered by the rise of the Law and Justice Party and a two-year rightward drift that has included increased government control over public news media, a crackdown on public gatherings and restrictions on civic and nongovernmental organizations. Still, at least one previous step to pull Poland to the right, a near total ban on abortions proposed last fall, was defeated after mass protests. |
| In the lower house of the Polish Parliament on Wednesday, as opposition leaders struggled to beat back a rush by the ruling party to get its new laws passed, speakers on both sides delivered emotional speeches frequently interrupted by chants. | In the lower house of the Polish Parliament on Wednesday, as opposition leaders struggled to beat back a rush by the ruling party to get its new laws passed, speakers on both sides delivered emotional speeches frequently interrupted by chants. |
| “You could have been reformers of the Polish judiciary,” an enraged Wladyslaw Kosiniak-Kamysz from the opposition Peasant’s Party said to stone-faced lawmakers from the ruling Law and Justice Party. “But you have become its executioners wearing a mask of justice.” | “You could have been reformers of the Polish judiciary,” an enraged Wladyslaw Kosiniak-Kamysz from the opposition Peasant’s Party said to stone-faced lawmakers from the ruling Law and Justice Party. “But you have become its executioners wearing a mask of justice.” |
| Things turned really ugly during a midnight Tuesday debate in Parliament when an opposition politician, Borys Budka, presumed to speak for the former Polish president from Law and Justice killed in a 2010 plane crash. “If Lech Kaczynski were alive, he wouldn’t allow this,” Mr. Budka declared. | Things turned really ugly during a midnight Tuesday debate in Parliament when an opposition politician, Borys Budka, presumed to speak for the former Polish president from Law and Justice killed in a 2010 plane crash. “If Lech Kaczynski were alive, he wouldn’t allow this,” Mr. Budka declared. |
| An enraged Jaroslaw Kaczynski – the former president’s twin brother and, as leader of Law and Justice, the most powerful political figure in Poland – seized the lectern and fired back. “Do not wipe your traitorous mugs with the name of my late brother,” he said. “You are scoundrels.” | An enraged Jaroslaw Kaczynski – the former president’s twin brother and, as leader of Law and Justice, the most powerful political figure in Poland – seized the lectern and fired back. “Do not wipe your traitorous mugs with the name of my late brother,” he said. “You are scoundrels.” |
| Law and Justice has long maintained that the 2010 crash was an assassination, perhaps involving Russia and members of the political opposition. | Law and Justice has long maintained that the 2010 crash was an assassination, perhaps involving Russia and members of the political opposition. |
| “You murdered him,” Mr. Kaczynski shouted. | “You murdered him,” Mr. Kaczynski shouted. |
| Ewa Kopacz, the prime minister under the previous center-right government, declared herself flabbergasted. “This man is crazy with hate,” she said. “He cannot control his emotions.” | Ewa Kopacz, the prime minister under the previous center-right government, declared herself flabbergasted. “This man is crazy with hate,” she said. “He cannot control his emotions.” |
| The conflict over the judiciary has been simmering for some time. One proposed law, already approved by Parliament and waiting President Andrzej Duda’s signature, would reconfigure Poland’s National Council of the Judiciary, which chooses those eligible to become judges, so that government-appointed members have effective veto power. | The conflict over the judiciary has been simmering for some time. One proposed law, already approved by Parliament and waiting President Andrzej Duda’s signature, would reconfigure Poland’s National Council of the Judiciary, which chooses those eligible to become judges, so that government-appointed members have effective veto power. |
| A second bill, unveiled late last week, would force the resignations of all current members of the Supreme Court, several of whom have been feuding with the government, replacing them with judges selected by the ruling party’s Minister of Justice. | A second bill, unveiled late last week, would force the resignations of all current members of the Supreme Court, several of whom have been feuding with the government, replacing them with judges selected by the ruling party’s Minister of Justice. |
| “Their goal is to create political control over the judiciary,” said Adam Bodnar, Poland’s official ombudsman, who has come out against the laws. “I don’t have doubts about it.” | “Their goal is to create political control over the judiciary,” said Adam Bodnar, Poland’s official ombudsman, who has come out against the laws. “I don’t have doubts about it.” |
| Since assuming power in late 2015, Poland’s ruling party has moved steadily to co-opt or weaken potential power rivals, beginning with the Constitutional Tribunal, which had the power to declare its moves unconstitutional. Now dominated by government supporters, the tribunal provides a reliable rubber stamp for government initiatives. | Since assuming power in late 2015, Poland’s ruling party has moved steadily to co-opt or weaken potential power rivals, beginning with the Constitutional Tribunal, which had the power to declare its moves unconstitutional. Now dominated by government supporters, the tribunal provides a reliable rubber stamp for government initiatives. |
| In addition to the changes in public media and assemblies, independent oversight was removed from the secret services and the justice minister was named chief prosecutor, formerly a separate and more independent post. But the latest moves against the courts are widely seen as the most aggressive yet. | In addition to the changes in public media and assemblies, independent oversight was removed from the secret services and the justice minister was named chief prosecutor, formerly a separate and more independent post. But the latest moves against the courts are widely seen as the most aggressive yet. |
| “This is a call for a right-wing revolution,” said Jerzy Stepien, director of the Institute of Civic Space and Public Policy at Lazarski University, and a former president of the constitutional tribunal. “If we have people in power who feel themselves above the law, we are in a revolutionary situation.” | “This is a call for a right-wing revolution,” said Jerzy Stepien, director of the Institute of Civic Space and Public Policy at Lazarski University, and a former president of the constitutional tribunal. “If we have people in power who feel themselves above the law, we are in a revolutionary situation.” |
| Mr. Kaczynski and other Law and Justice officials contend that opponents are overreacting to an honest attempt by the government to reform a dysfunctional and highly unpopular court system, and to root out corrupt judges and liberal ideologues who want to thwart the will of the people. | Mr. Kaczynski and other Law and Justice officials contend that opponents are overreacting to an honest attempt by the government to reform a dysfunctional and highly unpopular court system, and to root out corrupt judges and liberal ideologues who want to thwart the will of the people. |
| Law and Justice, said Prime Minister Beata Szydlo, has “stood on the side of the people, and nobody will make us turn back from this way — not even by shouting here and stamping your feet!” | Law and Justice, said Prime Minister Beata Szydlo, has “stood on the side of the people, and nobody will make us turn back from this way — not even by shouting here and stamping your feet!” |
| To become law, a bill must have three readings in the Sejm, the lower house of Parliament, then be passed by the Senate and signed by the president. The government’s decision to use procedural maneuvers to fast-track the Supreme Court law appears to have caught opponents off guard. | To become law, a bill must have three readings in the Sejm, the lower house of Parliament, then be passed by the Senate and signed by the president. The government’s decision to use procedural maneuvers to fast-track the Supreme Court law appears to have caught opponents off guard. |
| “There were no public consultations, no public hearings,” said Kamila Gasiuk-Pihowicz of the opposition Modern party. “There should have been experts’ opinions, but there’s no time for that.” | “There were no public consultations, no public hearings,” said Kamila Gasiuk-Pihowicz of the opposition Modern party. “There should have been experts’ opinions, but there’s no time for that.” |
| President Duda tried to suggest a compromise in a nationwide address. He said he would sign only the law on his desk involving the appointment of judges if an amendment were added so that new judges must get 60 percent of the vote in Parliament, rather than a simple majority. Since Law and Justice has only a slim majority in the Sejm, this would force the ruling party to find at least one other party to vote with it. If that amendment were not added, Mr. Duda said, he would refuse to sign the Supreme Court law. | President Duda tried to suggest a compromise in a nationwide address. He said he would sign only the law on his desk involving the appointment of judges if an amendment were added so that new judges must get 60 percent of the vote in Parliament, rather than a simple majority. Since Law and Justice has only a slim majority in the Sejm, this would force the ruling party to find at least one other party to vote with it. If that amendment were not added, Mr. Duda said, he would refuse to sign the Supreme Court law. |
| It was a rare and conspicuous disagreement between Mr. Duda, a former Law and Justice member who became independent when elected president, and Mr. Kaczynski. Opponents were not sure whether this marked a true split between the two leaders or was some sort of a trick. | It was a rare and conspicuous disagreement between Mr. Duda, a former Law and Justice member who became independent when elected president, and Mr. Kaczynski. Opponents were not sure whether this marked a true split between the two leaders or was some sort of a trick. |
| “We don’t know if the president is acting really with some sort of noble intentions or whether he’s just playing a game,” Mr. Stepien said. | “We don’t know if the president is acting really with some sort of noble intentions or whether he’s just playing a game,” Mr. Stepien said. |
| As debate resumed Wednesday, opposition leaders introduced 1,300 amendments seeking to slow the bill’s passage and asked Poles to continue to take to the streets. “We will try to stall the proceedings on the bill on the Supreme Court as long as possible,” the leader of the Modern party, Ryszard Petru said. “Then perhaps, we will move to nonparliamentary methods.” | As debate resumed Wednesday, opposition leaders introduced 1,300 amendments seeking to slow the bill’s passage and asked Poles to continue to take to the streets. “We will try to stall the proceedings on the bill on the Supreme Court as long as possible,” the leader of the Modern party, Ryszard Petru said. “Then perhaps, we will move to nonparliamentary methods.” |
| Some protesters have set up a tent camp outside Parliament, vowing to keep round-the-clock vigil. “I had to be here,” said Lidia Leipert, a lawyer who rushed over after work to join the throng. | Some protesters have set up a tent camp outside Parliament, vowing to keep round-the-clock vigil. “I had to be here,” said Lidia Leipert, a lawyer who rushed over after work to join the throng. |
| Agnieszka Wierzbicka, a nutritionist, said she was already resigned to losing this round. | Agnieszka Wierzbicka, a nutritionist, said she was already resigned to losing this round. |
| “I think our protest is nothing but symbolic now,” she said. “Will it change anything? I highly doubt it. But that doesn’t make it invalid. It is important for history.” | “I think our protest is nothing but symbolic now,” she said. “Will it change anything? I highly doubt it. But that doesn’t make it invalid. It is important for history.” |