(Strasbourg) A fierce debate, the one that happened in the European Parliament premises this morning. Items on the agenda included a discussion about the “rule of law in Poland”, which will be followed in the midst of the day by a poll on a resolution that calls Warsaw’s government to respect the EU rules on democracy and the sharing of powers. Diametrically opposing positions between those – the majority – who think prime minister Beata Szydlo’s government is defeating the power and independence of the judiciary and those who defend the work of the national executive that has been democratically appointed by the Poles, which is the reason that is repeatedly put forward. In his speech, the deputy president of the EU Commission, Frans Timmermans, emphasised the provisions that clash with the rule of law and the independence of the judiciary, then went on to insist on the need for “the Polish government to accept an open dialogue” with the EU Commission itself. “We sent four letters to Warsaw, but the government will not reply. I invite the Minister of Justice and the Minister of Foreign Affairs again to accept a discussion”. All the attention goes to the role and tasks of the Constitutional Court, the High Council for the Judiciary, the courts’ organisation (and gender quality at court).

 

The Venice Commission is expected to take position in December about the case of Poland, while other international institutions have done that already, including – as told by Timmermans – the UN rapporteur on the independence of judges, expressing “concern” for the Polish abnormalities. “A State that reforms its judiciary – Timmermans also said – must do it while making sure the courts are independent, in accordance with the European standards”, and “while limiting the government’s interference” with the way justice is administered. Another two bills of law are also under way in Poland. “One of the definite facts about the rule of law – Timmermans then added, as he replied to the debate – is the sharing of powers. And saying ‘I don’t care about principles because the majority is on our side’ is not enough. You cannot oppose democracy to the rule of law”. “Luckily, the Polish president, Duda, too distanced himself from the anti-Semitic, racist rally that took place in Warsaw last Sunday. Because there’s a thin line between proud patriotism and the scariest nationalism that we must keep away from”, in Poland and in the rest of the EU.