Polish president says enough is enough

Polish President Andrzej Duda just surprised almost everybody by vetoing parts of new government legislation that assaults judicial independence. “As president, I don’t feel this law would strengthen a sense of
justice,” he said.
He’s right. Poland’s democratic institutions are under threat, and the new initiative is only the latest of many. The government should weigh this embarrassment
carefully, and think again.
Duda owes his election to the Law and Justice Party (PiS). Up to now he’s backed its policies and has told the European Union, which is concerned about Poland’s direction, to mind its own business. It’s encouraging that, despite his debt of loyalty to the ruling party, he’s not just expressing
concern but also acting.
The government has already weakened the country’s constitutional court, attacked the media, and put supporters in posts not usually reserved for party loyalists. The new legislation aimed to go several steps further — granting the justice minister power to nominate the heads of local courts, politicizing the National Judicial Council, which nominates judges, and giving political authorities the power to stack the Supreme Court.
No doubt, Poland’s judiciary leaves much to be desired. The government’s charges of inefficiency and corruption aren’t baseless, and political oversight of judicial appointments is standard in many democracies. Even so, a government that has rolled back democratic rights on so many fronts can’t be trusted to fix the problem.
The European Union is pressing for change but has to move cautiously. There’s talk of invoking a treaty provision that could suspend Poland’s EU voting rights; the issue is under discussion this week. But there’s a risk that such a firm intervention from outside might strengthen domestic support for the government. Far better if Poland’s citizens push back against their own government’s illiberal tendencies.
That seems to be happening. The new judicial laws aroused a stronger reaction than the previous changes. If the president is also now on board, that’s better still.
—Bloomberg