The country is divided – albeit with opposition parties still stronger than their counterparts in Hungary – as the government repeatedly breaches the constitution in ways that would entail severe punishment if it was voted out.
DEMOCRACY 3 POLAND FOR FREE
As the space for free expression in the country continues to shrink, there is no indication of where its descent into authoritarianism will end. Orbán has been in power since 2010, with the Organisation for Security and Co-operation in Europe judging Hungary’s recent election to have been unfair. In this way, democracy itself – not just liberalism – becomes a farce. Thus, democratic transfers of power are becoming increasingly unlikely. But, as events in Hungary show, these leaders are also using all possible means to remain in power, including massive public funding of propaganda campaigns. These “new authoritarians” – as Polish sociologist Maciej Gdula calls them – currently seek democratic support and take care to maintain a façade of democracy. The sword will fall when EU courts refuse to respect the rulings of Polish or Hungarian courts. Nonetheless, Polish and Hungarian leaders are destroying liberal democratic checks and balances to impose their will on national politics. And, in contrast to the rise of authoritarian leaders such as Józef Pilsudski and Miklós Horthy before the second world war, this shift is less about hostility towards democracy, parliamentarianism, and political parties than it is about attempts to empower a democratically elected majority.
The EU’s caution may be understandable, given that the shift towards authoritarianism in Hungary and Poland has occurred gradually, making it difficult to grasp the threat it poses to the European project. So far, geopolitical concerns have won out.
Thirdly, member states recognise that decisive action against rule-breakers would threaten EU unity in the face of growing external challenges. Secondly, party cooperation within umbrella groups such as the European People’s Party has protected Orbán from open criticism. Firstly, its legal instruments (under Article 7) have failed to prevent sovereignty from prevailing over the rule of law. The EU has been unable to prevent democratic backsliding in Hungary and Poland for three reasons. And they may presage a crisis of unity more significant than any other the EU has faced. They overshadow disputes between European leaders on issues such as migration, climate change, and the EU budget. Questions around just how far constitutional pluralism stretches are becoming ever more pressing. Two days later, Hungarian Prime Minister Viktor Orbán acknowledged that he and German Chancellor Angela Merkel “look at the world differently”. He referred to the EU principle of constitutional pluralism, which allows each country to shape its political system according to its traditions. Addressing the European Parliament on 4 July, Polish Prime Minister Mateusz Morawiecki stated that Poland is a proud country unwilling to be lectured on the rule of law. These efforts to consolidate ruling parties’ power have an ideological underpinning. This will help the government manipulate electoral law to its own benefit, not least through a new draft proposal on European parliamentary elections that – in violation of EU laws on proportionality – favours large parties. The Supreme Court will be soon packed with political appointees able to rule on issues such as the validity of elections and the legality of protests.
DEMOCRACY 3 POLAND FULL
Yet this assault on Polish democracy opened the way for the ruling Law and Justice party (PiS) to assert full control of the judiciary. Invoking the constitution, Gersdorf rejected the decision. He did so despite international criticism, domestic protests, and the EU Commission’s infringement procedure against the new law. Just days later, Polish President Andrzej Duda used a new retirement law to try to force the president of the Polish Supreme Court, Małgorzata Gersdorf, out of office before the end of her constitutionally mandated six-year tenure. Emboldened by a landslide electoral victory earlier this year, the Hungarian government adopted on 20 June legislation that tightens its grip on non-governmental organisations, threatens human rights activists, limits academic freedom, and strengthens political control of the judiciary. In recent weeks, Europe has moved a few steps closer to the brink.
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