EUROPEAN NEWS



POLAND AND THE RULE OF LAW (2)

2021-10-22

"In its 2015 election program, PiS claimed that courts were politicized, corrupt, ineffective and dominated by communist-era judges and called for deep reforms to the justice system. “Without a deep reform of the courts, fixing the country is very difficult, as this is the last barricade, the last level of decision-making in many different cases,” Kaczyński said in a 2018 interview.“Subordinating the courts is the key to having the state apparatus that wouldn’t undermine PiS politics,” said Anna Wójcik, co-founder of the Wiktor Osiatński Archive, which monitors the rule of law in Poland. But the target was domestic control, not unleashing a continental war. The problem for PiS was that, as a member of the European Union, Poland’s courts are part of a pan-European justice system, and the changes it was making quickly came to the attention of Brussels. (POLITICO 22-10-2021).

The PiS are making the classic mistake, another and famous (deceased) Polish citizen, priest, JOZEF TISCHNER warned against, as recorded in his: Thw Spirit of Solidarity: "the illusions to attach an erroneous ethical principle - the principle of revenge - to a revolution. The revolutionaries to protect their aims they take over  the methods of the tyrant In place of one distatorship another is born." (p. 51).

The verdict of Poland's Constitutional Tribunal on 7 October 2021 on the status of EU law" is just the latest act  in the mistakes if the PiS Government. The legal case is very well explained in the attached European Law Blog by Marta Lasek-Markey.

The European Union - Commission and European Council - need wisdom to deal with it properly. To begin with: no revenge and no punitive measures.  EU leaders must recognize that the overwhelming majority of Polish citizens are pro-european and ought not to be punished for  acts of revenge  taken by the PiS government. Read the blog, attached to this item.The current Constitutional Tribunal is just like the Russian Courts a tool of the PiS Government. They proclaim what the politcal master dictates. According to the Polish Constitution,  Prime Minister Morawiecki 's application to the  Tribunal was outside its competences. It was an obedient bow  to another mistake made in revenge. Member state Poland must be assisted in overcoming one of the painful legacies of repression. A viable democracy, including a separation of powers, needs time to grow - away from revenge.. In so doing the European Union should also avoid to impose some of the more intolerant secularist ideologies. 

Don't forget that the Polish people  managed the peaceful collapse of  totalitarian communist repression through SOLIDARNOSC,  their faith and their Holy Pope John-Paul II. They need respect, understanding and encouragement to deal with the pains of their past.

 


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Frans A.M. Alting von Geusau

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