Euronews : The Briefing - 8 June 2023 Brussels and Warsaw, a tale of two democracies By Jorge Liboreiro

 

It’s been a rough week for Poland. The Briefing 8 June 2023 Brussels and Warsaw, a tale of two democracies By Jorge Liboreiro It’s been a rough week for Poland. On Monday, the European Court of Justice delivered its long-awaited sentence on the judicial reform introduced by the ruling Law and Justice (PiS) party back in 2019. The reform, which has been a source of enormous controversy since its enactment, re-organised relations between the Polish courts and empowered the disciplinary chamber of the Supreme Court to punish magistrates according to the content of their rulings. The ECJ, perhaps aware of the expectations surrounding the moment, pulled no punches in its decision: the reform is illegal under EU law and violates the bloc’s fundamental rights, the judges wrote in a scathing assessment that offered zero concessions to the Polish case. “The measures thus adopted by the Polish legislature are incompatible with the guarantees of access to an independent and impartial tribunal,” the ECJ said. Warsaw, as expected, was furious. Zbigniew Ziobro, Poland’s justice minister and one of the key architects behind the contentious reform, didn’t hold back in expressing his displeasure: he called the ECJ a “corrupt” institution made up of “politicians” instead of judges. Ziobro said the ruling was proof of the court’s excessive competences and represented an affront to the Polish Constitution. In Brussels, officials and diplomats, who are well used to hearing Warsaw’s anti-EU tirades, breathed a loud sigh of relief. The European Commission was quick to cheer the moment as the closing chapter of an arduous, time-consuming fight that has seen bitter recriminations, blocked recovery funds and fines of up to €1 million per day. But the celebrations were short-lived. Just two days after the ECJ delivered its momentous ruling, when the dust had barely settled, the Commission decided to open a new infringement procedure against Poland. This time, the dispute is around a new law that establishes a state committee to investigate cases of so-called “Russian influence” inside the country. The committee has been endowed with prosecutor-like powers to hold hearings on public officials and companies that are suspected of having acted to the “detriment of the interests” of Poland between the years 2007 and 2022.  Under the legislation, the nine-member body will be able to impose bans on holding a security clearance, a position that entails the management of public funds or a weapons licence. The prohibitions could last up to 10 years. The Commission, like the US Department of State, suspects the committee could be used to target opposition politicians in the run-up to this year’s general election and deprived potential candidates of their eligibility criteria without a fair trial. Picture this: a prime minister unable to hold a security clearance and access top-secret intelligence. In an apparent admission of the growing criticism, Polish President Andrzej Duda has offered to make changes to the legislation, which, it must be noted, himself had signed and defended. The succession of events in one single week offers a new reminder of how intractable and acrimonious the conflict between Brussels and Warsaw has become. As one chapter ends – the judicial reform – another one opens – this time on the explosive concept of “Russian influence,” suggesting the latest discord stems from something bigger than a regulation or directive. While the Commission agrees the threat of “Russian influence” is in itself a legitimate reason, it worries the vague and broad definition contained in the text will unleash a name-checking persecution with irreversible damage for political candidates, something of unpredictable consequences in a country already under scrutiny for rule-of-law backsliding. Notably, in its legal reasoning, the executive makes one eye-catching reference to one of the EU’s founding values: the principle of democracy, now at risk. “More concretely,” the Commission writes, “the new law unduly interferes with the democratic process.” On Monday, the European Court of Justice delivered its long-awaited sentence on the judicial reform introduced by the ruling Law and Justice (PiS) party back in 2019. The reform, which has been a source of enormous controversy since its enactment, re-organised relations between the Polish courts and empowered the disciplinary chamber of the Supreme Court to punish magistrates according to the content of their rulings. The ECJ, perhaps aware of the expectations surrounding the moment, pulled no punches in its decision: the reform is illegal under EU law and violates the bloc’s fundamental rights, the judges wrote in a scathing assessment that offered zero concessions to the Polish case. “The measures thus adopted by the Polish legislature are incompatible with the guarantees of access to an independent and impartial tribunal,” the ECJ said. Warsaw, as expected, was furious. Zbigniew Ziobro, Poland’s justice minister and one of the key architects behind the contentious reform, didn’t hold back in expressing his displeasure: he called the ECJ a “corrupt” institution made up of “politicians” instead of judges. Ziobro said the ruling was proof of the court’s excessive competences and represented an affront to the Polish Constitution. In Brussels, officials and diplomats, who are well used to hearing Warsaw’s anti-EU tirades, breathed a loud sigh of relief. The European Commission was quick to cheer the moment as the closing chapter of an arduous, time-consuming fight that has seen bitter recriminations, blocked recovery funds and fines of up to €1 million per day. But the celebrations were short-lived. Just two days after the ECJ delivered its momentous ruling, when the dust had barely settled, the Commission decided to open a new infringement procedure against Poland. This time, the dispute is around a new law that establishes a state committee to investigate cases of so-called “Russian influence” inside the country. The committee has been endowed with prosecutor-like powers to hold hearings on public officials and companies that are suspected of having acted to the “detriment of the interests” of Poland between the years 2007 and 2022.  Under the legislation, the nine-member body will be able to impose bans on holding a security clearance, a position that entails the management of public funds or a weapons licence. The prohibitions could last up to 10 years. The Commission, like the US Department of State, suspects the committee could be used to target opposition politicians in the run-up to this year’s general election and deprived potential candidates of their eligibility criteria without a fair trial. Picture this: a prime minister unable to hold a security clearance and access top-secret intelligen In an apparent admission of the growing criticism, Polish President Andrzej Dudahas offered to make changes to the legislation, which, it must be noted, himself had signed and defended. The succession of events in one single week offers a new reminder of how intractable and acrimonious the conflict between Brussels and Warsaw has become. As one chapter ends – the judicial reform – another one opens – this time on the explosive concept of “Russian influence,” suggesting the latest discord stems from something bigger than a regulation or directive. While the Commission agrees the threat of “Russian influence” is in itself a legitimate reason, it worries the vague and broad definition contained in the text will unleash a name-checking persecution with irreversible damage for political candidates, something of unpredictable consequences in a country already under scrutiny for rule-of-law backsliding. Notably, in its legal reasoning, the executive makes one eye-catching reference to one of the EU’s founding values: the principle of democracy, now at risk. “More concretely,” the Commission writes, “the new law unduly interferes with the democratic process.”

WHAT ELSE IS GOING ON? THE FRONTLINE Ukraine is coping with the aftermath of the shocking attack that destroyed the Nova Kakhovka dam and electric plant. Tens of thousands of Ukranians who live in areas at risk of being flooded had to flee their homes, leaving behind their entire livelihoods. At least five residents have been reported dead. There is still not enough evidence to ascertain who is responsible for the attack, but European leaders squarely put the blame on Russia, accusing the country of committing “war crimes” and “ecocide.” This footage shows the devastation caused in the Kherson region. NEW MEMBER Slovenia defeated Belarus to become one of the new non-permanent members of the United Nations Security Council in a closely watched race with clear geopolitical connotations. Slovenia, a strong supporter of Ukraine, received 153 votes while Belarus, a country aligned with the Kremlin, got 38 votes during the secret poll. Slovenia’s term will run for two years. MAKE IT RIGHT In an unprecedented move, the European Commission has proposed to create an ethics body that will set standards of conduct across the nine EU institutions. “The ethics body will fill in the gaps,” Vice-President Věra Jourová told us. But the proposal has been criticised as “toothless” by civil society organisations for lacking hard-hitting powers to crack down on wrongdoing. THE 2024 RACE We’re one year away from holding the next elections to the European Parliament. Which topics are set to weigh more heavily on voters’ minds? From the Ukraine war to climate change, Lauren Chadwick offers a preview on the main issues that will be at stake. POLITICAL TARGET The Sweden Democrats, the far-right party that provides confidence and supply to the ruling coalition, are gradually moving from an anti-immigration platform to something more similar to an American-style culture war. Its latest target: drag queens. TRUE CRIME Here’s a story worthy of a Netflix documentary: Kathleen Folbigg spent twenty years in an Australian prison after being found guilty of killing three of her children. But her fate took an unexpected turn thanks to Carola García de Vinuesa, a Spanish scientist who was able to prove the children could have died of natural causes. The study was enough to secure Folbigg’s release and an unconditional pardon. Laura Llach spoke with García de Vinuesa about her extraordinary feat. LONE WOLFS At least one in 10 of EU residents is lonely most of the time, a new report has shown. Euronews Next breaks down the results to find out which country feels the loneliest. LA GRANDE BELLEZZA The Louvre Museum has teamed up with the  Capodimonte Museum of Naples to create the largest collection in the world dedicated to the Italian Renaissance. Euronews Culture has all the details about the six-month exhibition of masterpieces, which the presidents of France and Italy have already enjoined up close.

IT'S IN THE NUMBERS The European Commission has approved a tranche of €8.1 billion in industrial subsidies for the production of Made in Europe semiconductors. A total of 56 companies of different sizes will tap into the financial pot to carry out 68 projects across 14 member states. The Commission hopes to leverage an additional €13.7 billion in investments from the private sector.

EDITOR'S CHOICE Special report: The scars left behind by Europe’s sterilisation of disabled people

“If you can't take care of yourself, how will you be able to care for someone else?” Rosario Ruiz, 53, would always hear this sentence while growing up. Diagnosed with a 67% intellectual disability, her parents could not fathom her being independent – let alone a mother. “Your disability can pass on to your child through your genes,” they would say. So when she fell in love and began talking about having a family, her parents took a radical decision: they had Rosario sterilised. “I asked myself: ‘What have they done with my life? Am I useless? Can everyone be a mother except me?” Rosario told Euronews. “Since then, I feel empty every day of my life.” Despite contravening the Istanbul Convention, the practice of sterilising disabled people remains legal in much of the European Union. In a series of special reports, Euronews examines the stories of those who suffered the experience and now live with the tragic consequences in Spain, France, Hungary and Sweden.

NO COMMENT Are you sure it’s written like that? The iconic Champs-Elysees in Paris were transformed into an open-air mass “dictation” spellathon, pitting thousands of France’s brainiest bookworms against one another.

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