ISSN 2674-8053

Rise of Authoritarianism in Poland

In day 31 March 2021 the commission of the european union (EU) asked the European Court of Justice (TJE) to call on the Polish government to provide clarification on the law established in the country in the year of 2019, that proposed a change, a kind of reform in the judiciary, that would create a disciplinary correction according to the actions of these judges., and these professionals could even have their salaries reduced. The EU claims that this move undermines the autonomy of the judiciary..

Poland, just like Hungary, is accused of committing a series of infractions against the precepts that govern EU decisions. It is worth mentioning some forms of violations that are committed, enter them attacks against the media, increased taxes on independent vehicles and restrictions on the law of the LGBTQ community. In view of the aforementioned events, a new judicial measure was proposed where judges cannot sue the ECJ, in addition to the creation of a national body that analyzes the independence of these professionals..  In addition, a disciplinary chamber that will monitor and, if necessary, temporarily suspend and/or reduce their remuneration has been established by the government.

Given this scenario of judicial instability, on account of the measures proposed by the Polish government, where the very notion of law was being questioned, the European Union realized the importance of putting this new law into discussion, fearing that the government of Andrzej Duda, president of poland, become authoritarian. After all, the president already holds a majority in the national congress and if he finds a way to influence the judiciary, Polish democracy would be in danger according to EU vision, since the head of government, indirectly, will become the bearer of a moderating power, that is, would have the power to judge the suspicion of judges.

beyond Poland, Hungary also has problems with the bloc, as the European Union alleges that the Hungarian government acts to undermine democracy and the democratic rule of law, and because of that, is being closely watched by the EU. Inclusive, these reasons that generate distrust towards Hungary, are very similar to the case of Poland. The Polish government refutes the criticisms being made, and he says that the reform he seeks to carry out in the country's judicial system is extremely necessary for the modernization of this institution..

REFERENCES

POLAND and Hungary file complaint over EU’s rule of law requirements. Euronews, 11 of March of 2021. Available in: https://www.euronews.com/2021/03/11/poland-and-hungary-file-complaint-over-eu-s-rule-of-law-requirements. Access in: 12 April 2021.

ZALAN, Ester. Poland and Hungary challenge rule-of-law tool at EU court. Euobserver, Brussels, 12 March 2021. Available in: https://euobserver.com/political/151211. Access in: 13 April 2021.

HENLEN, John. EU takes Poland to court over law that “undermines judges”. The Guardian, 31 March 2021. Available in: https://www.theguardian.com/world/2021/mar/31/eu-takes-poland-to-court-over-law-that-undermines-judges. Access in: 13 April 2021.

BANKS, Martin. MEPs welcome Comission’s decision to refer Poland to Court of Justice. The Parliament Magazine, 1 April 2021. Available in: https://www.theparliamentmagazine.eu/news/article/meps-welcome-commissions-decision-to-refer-poland-to-court-of-justice. Access in: 15 April 2021.

Authors: Gustavo Cunha and Matheus Colucci, NENE/ESPM researchers

Center for European Studies and Business
The European Studies and Business Center (NENE) is linked to the Brazilian Center for International Business Studies & Corporate Diplomacy (CBENI) from ESPM-SP. It was created considering the need to stimulate the Brazilian and Latin American academic community to better understand their relations with Europeans, seeking to understand and deepen the Brazil-European Union Strategic Partnership.