The Polish reform of the judiciary is contrary to EU values, but when it comes to the independence of the judiciary, Germany is not a model either. Instead of attacking Poland, Brussels should seek a compromise.
“At stake in the legal dispute between the European Union and Poland are not only lofty values, but also power and current politics. The penalty of one million euro a day imposed on Poland by the CJEU is part of this political game, “writes Dirk Schuemer in the Friday edition of Die Welt.
“While the national-conservative government in Poland, in a militant style, presents itself as a defender of national independence, members of the European Parliament and members of the European Commission chant a well-known song: the judgment of the Polish Constitutional Tribunal, according to which the Polish constitution stands above EU law, deceptively divides Union “- we read in” Die Welt “.
Vicious circle
As a result of mutual mud throwing each other, a vicious circle has arisen, and all the parties to the conflict, instead of talking to each other, come up with each other, concludes the German journalist.
In fact, Polish opposition to the binding primacy of European law is related to the fundamental question of what the EU is supposed to be – a union of states or a union state? And also with the question of whether the Community is to move towards a legal area with binding directives, or rather towards a heterogeneous creation full of national features.
Why is the situation in Poland so worried about European institutions, although in many other countries the guardians of the constitution also defend themselves against surrendering powers to transnational courts? Schuermer wonders.
As he emphasizes, the main reason for distrust towards Poland is the belief prevailing in the EU that after PiS takes power, there is no guarantee that Polish courts are independent. Officers in Brussels are passionate about not so much the content of the judgment as the composition of the court, the author believes.
Historical arguments
Schuermer believes that the Polish government will not so easily submit to directives from Brussels. Poles do not believe that they are only beneficiaries of EU subsidies. “And they are right,” Schuermer writes, citing historical arguments as support. He reminds that Poland was a victim of the Third Reich and lost millions of citizens during the war, and then found itself in the Soviet sphere of influence. Poles rebelled against the communist dictatorship many times and for this reason they do not consider themselves “burdensome petitioners”, but “proud people – a model of freedom”.
“It’s hard to disprove this national perspective, even though it is shifting to a Catholic-based awareness of mission as the ultra-conservative Christ of the peoples,” notes the commentator.
Schuermer notes that support in Poland for the European Union exceeds 80%, while in France it is just over a third. It also points to the growing support for national-conservative parties in many European countries. That is why, especially after Brexit, it would be quite good to be more willing to compromise on the part of Brussels, also on the essentials.
Are the German courts independent?
Referring to the request of the Minister of Justice Zbigniew Ziobro for the CJEU to examine the independence of the judiciary in Germany , Schuermer points out that, unlike Poland, the German commission selecting judges is staffed exclusively by politicians.
If Julia Przyłębska is described by the media as a close supporter of Jarosław Kaczyński, the president of the German Constitutional Tribunal, CDU MP Stephan Harbarth is also a “proven supporter of Angela Merkel.”
Dialogue, not punishment
The democratic deficit in the EU cannot be eliminated in the courtroom. Parties such as PiS or Fidesz are destroying the rule of law at home, but winning a stable majority in elections, while Merkel’s party has lost half of its voters since the beginning of its rule.
Apart from the leadership elite of Eurocrats, European policy has ceased to be “self-play”, therefore the future of the Community should be shaped not by penalties and fines, but by sincere dialogue with countries such as Poland. “The permanent dissonance ultimately hurts the EU above all,” concludes Schuemer in a commentary published in Die Welt.
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The Polish reform of the judiciary is contrary to EU values, but when it comes to the independence of the judiciary, Germany is not a model either. Instead of attacking Poland, Brussels should seek a compromise.
“At stake in the legal dispute between the European Union and Poland are not only lofty values, but also power and current politics. The penalty of one million euro a day imposed on Poland by the CJEU is part of this political game, “writes Dirk Schuemer in the Friday edition of Die Welt.
“While the national-conservative government in Poland, in a militant style, presents itself as a defender of national independence, members of the European Parliament and members of the European Commission chant a well-known song: the judgment of the Polish Constitutional Tribunal, according to which the Polish constitution stands above EU law, deceptively divides Union “- we read in” Die Welt “.
Vicious circle
As a result of mutual mud throwing each other, a vicious circle has arisen, and all the parties to the conflict, instead of talking to each other, come up with each other, concludes the German journalist.
In fact, Polish opposition to the binding primacy of European law is related to the fundamental question of what the EU is supposed to be – a union of states or a union state? And also with the question of whether the Community is to move towards a legal area with binding directives, or rather towards a heterogeneous creation full of national features.
Why is the situation in Poland so worried about European institutions, although in many other countries the guardians of the constitution also defend themselves against surrendering powers to transnational courts? Schuermer wonders.
As he emphasizes, the main reason for distrust towards Poland is the belief prevailing in the EU that after PiS takes power, there is no guarantee that Polish courts are independent. Officers in Brussels are passionate about not so much the content of the judgment as the composition of the court, the author believes.
Historical arguments
Schuermer believes that the Polish government will not so easily submit to directives from Brussels. Poles do not believe that they are only beneficiaries of EU subsidies. “And they are right,” Schuermer writes, citing historical arguments as support. He reminds that Poland was a victim of the Third Reich and lost millions of citizens during the war, and then found itself in the Soviet sphere of influence. Poles rebelled against the communist dictatorship many times and for this reason they do not consider themselves “burdensome petitioners”, but “proud people – a model of freedom”.
“It’s hard to disprove this national perspective, even though it is shifting to a Catholic-based awareness of mission as the ultra-conservative Christ of the peoples,” notes the commentator.
Schuermer notes that support in Poland for the European Union exceeds 80%, while in France it is just over a third. It also points to the growing support for national-conservative parties in many European countries. That is why, especially after Brexit, it would be quite good to be more willing to compromise on the part of Brussels, also on the essentials.
Are the German courts independent?
Referring to the request of the Minister of Justice Zbigniew Ziobro for the CJEU to examine the independence of the judiciary in Germany , Schuermer points out that, unlike Poland, the German commission selecting judges is staffed exclusively by politicians.
If Julia Przyłębska is described by the media as a close supporter of Jarosław Kaczyński, the president of the German Constitutional Tribunal, CDU MP Stephan Harbarth is also a “proven supporter of Angela Merkel.”
Dialogue, not punishment
The democratic deficit in the EU cannot be eliminated in the courtroom. Parties such as PiS or Fidesz are destroying the rule of law at home, but winning a stable majority in elections, while Merkel’s party has lost half of its voters since the beginning of its rule.
Apart from the leadership elite of Eurocrats, European policy has ceased to be “self-play”, therefore the future of the Community should be shaped not by penalties and fines, but by sincere dialogue with countries such as Poland. “The permanent dissonance ultimately hurts the EU above all,” concludes Schuemer in a commentary published in Die Welt.
Whataboutism, next please.