This is not the time for European Union leaders to buckle.
Almost all the member states are going through a second wave of the coronavirus pandemic. Austria, France, and several other countries have imposed strict lockdowns. And this is only November. A long winter looms.
And so does another EU crisis, this time caused by Hungary and Poland.
Their governments have for several years been systematically running roughshod over the rule of law. The independence of the judiciary is being dismantled in Poland. It is already severely weakened in Hungary. The independence of the media is being chiseled away in both countries. Yet until recently, the EU and the member states gave them a free ride.
After pressure from the European Parliament and from some countries, the EU finally made access to the bloc’s next seven-year budget and the new coronavirus recovery fund conditional on respecting the rule of law.
The €1.8 trillion package—combining the multiannual financial framework for 2021–2027 and the one-off Next Generation EU recovery fund—was agreed in July 2020 after intense and acrimonious negotiations between the big member states. The plan was to start disbursing it in early 2021. But true to form, Hungary—backed by Poland—threatened to veto its adoption.
Both have loathed the idea of linking adherence to the rule of law to access to EU funds, not least because such money make up around 2–4 percent of their GDP. Hungarian Prime Minister Viktor Orbán has used the funds indirectly to finance his own pet projects, such as a football stadium.
During a meeting of EU ambassadors in Brussels on November 16 and after months of negotiating with the European Parliament, the ambassadors actually did sign off on a strict rule-of-law mechanism. That’s because this clause only required a qualified majority; Hungary and Poland were in no position to block it.
But for the whole budget package to be agreed, the EU needed consensus among member states. Budapest and Warsaw withheld their consent for that plan, in effect torpedoing the entire package.
“Hungary has vetoed the budget,” said Zoltan Kovacs, Hungary’s government spokesperson. “We cannot support the plan in its present form to tie rule of law criteria to budget decisions.”
Germany, which holds the European Council’s rotating presidency until the end of 2020, is scrambling to find a compromise before leaders hold a virtual summit on November 19. That is when they are supposed to discuss the recovery fund, which is designed to cushion Europe from the devastating economic impact of the coronavirus.
“We have already lost a lot of time in view of the second pandemic wave and the severe economic damage,” said Michael Clauss, Germany’s ambassador to the EU.
It’s hard to see EU leaders caving in to such pressure from Hungary and Poland.
Austrian Chancellor Sebastian Kurz was pulling no punches when he said that “upholding the principles of the rule of law is an absolute necessity.” The Netherlands is expected to take a hard line, particularly since Dutch Prime Minister Mark Rutte has been less than enthusiastic about Europe issuing common debt to finance the recovery fund. The European Parliament will be vocal as well and could threaten to block any watering down of the rule-of-law mechanism.
Ultimately, it falls to German Chancellor Angela Merkel to either cave in to Hungary and Poland or face them down. The chancellor has so often failed to speak out against Budapest and Warsaw.
One reason is the strong economic ties and the influence of German companies which have big investments in both countries. The other reason is political, with historic undertones. Merkel does not want Germany to be accused of bullying its eastern neighbors.
Despite repeated anti-German rhetoric by Poland’s ruling nationalist-conservative Law and Justice party, Merkel has worked hard to keep relations between Berlin and Warsaw on an even keel—and between Berlin and Budapest as well.
But compromising on the rule of law for the sake of good relations is a flawed short-term policy and a long-term strategic weakness. It is undermining the basic values and principles that the EU is built upon.
Moreover, if Hungary and Poland are not sanctioned for undermining what is EU law, it gives a green light to other member states to challenge the independence of the judiciary, abet corruption, and indeed hide behind Budapest and Warsaw.
There were some hopes that, this time round, the coronavirus pandemic would give Europe that unity, solidarity, cohesion, and strategic outlook it so badly needs. The huge budget and recovery package agreed in July certainly confirmed the internal solidarity of the EU.
But even that solidarity is now being jeopardized by some member states that believe the rule of law can be bought off. In that case, Germany and all those other EU countries supporting a rule-of-law mechanism should seriously consider ways to withhold funds going to Hungary and Poland.
As Germany wraps up its presidency in December, this surely is Merkel’s moment to end the blackmail and defend the democratic institutions of Hungary and Poland.
Comments(25)
Perhpas it is time to remind the people of both countries as to the benefits of being in the EU and of having good relationships with neighbours. In POland, everything here is positively touched by EU memebership, jobs, roads, railroads, Internet links, food - everything. As for the current regime - the desire to return to a one-party state is clearly evident - the Republic of PIS-stan. Europe doesn't need Poland or Hungary to thrive - but Poland and Hungary certainly need the EU.
The age of the politicians of today's Poland and Hungary suggests they have not shaken themselves loose of the way they started political life - under the boots of Yeltsin, Gorbachev and unfortunately of Kruschev. Time just remains to re-boot themselves into Western Europe. If some of the Balkans have done so, well, now ...
The age of the politicians of today's Poland and Hungary suggests they have not shaken themselves loose of the way they started political life - under the boots of Yeltsin, Gorbachev and unfortunately of Kruschev. Time just remains to re-boot themselves into Western Europe. If some of the Balkans have done so, well, now ...
Each of your assertions is nonsense. First, on a more general level, how much independence and sovereignty should a country, any country, sacrifice to have a good relationship with its neighbors. Should Poland have surrendered when Nazi Germany invaded, in order to have a good relationship with its neighbor? Or maybe it should have surrendered to the Soviets to have a good relationship with them? Through centuries, mainly due to its location, Poland has had to fight invasions, a partition by three superpowers and its disappearance from the map for 123 years. Then after WWII it was under the Soviet boot for over 40 years, so Poland understands better then other countries how precious independence and sovereignty are and resists attempts by neighbors or by a body like the EU to keep chipping at its sovereignty. As to the benefits of being in the EU and Poland needing the EU more than the EU needs Poland, first of all, Poland pays into the EU budget. In a few years it will be paying into the EU budget more than getting back. Second, it's not only Poland that benefits from her being in the EU. The EU countries that let Poland into the EU benefit a lot, if not more. You do not seems to realize how much Germany and other Western European countries benefit from Poland opening its market to their products and from their use of Polish cheap and educated laborers? You obviously do not know that $.75 of every euro that Germany invests in Poland goes back to Germany. This is a fact, acknowledged by a German politician. In the beginning Western European countries needed to make a business investment, mainly in Poland's infrastructure since Poland was behind on that, after being destroyed by Nazi Germany and by Soviet imposed communism. It was an investment on the part of the EU countries because they knew they would soon busk in profits. Do you think the EU would have let Poland into the EU just out of the goodness of their hearts? Are you that naive? As to the current regime in Poland, it represents one of many parties on the Polish political scene, competes democratically with other parties to stay in power, the majority of citizens supported the "regime" in two elections, and it's not any different from the situation in Western European countries. Time has passed; things have changed. Initially and understandably, Poland destroyed by the War and communism, looked up to the West for economic freedom, personal freedom and democracy. However, it's becoming more and more obvious to the Polish people that the EU is not only not helping Poland thrive, as you claim, but has become a stifling force. Poland has overcome recent financial crises very well ; the economic growth before COVID pandemic was very impressive. Polish people are much safer in Poland than the citizens in Western European countries. In Poland there is a lot more free speech and free exchange of ideas than in Western Europe. The EU is becoming more and more authoritarian, dictatorial and even totalitarian, more leftist, and more invasive into all areas of member countries' functioning. You seem to have bought into the propaganda and cliches regarding Poland and the EU. I suggest that you open your eyes to the changed and changing reality.
Issues relating to the judiciary are issues of national sovereignty. The reason being: In all countries there is no such thing as an independent judiciary. All judges are designated by some national institution or another. There is always a political aspect to every judicial branch within every sovereign nation-state. Sometimes events surrounding the choice of judges will be agreed upon, and at other times, partisan disagreements will occur. This falls within the structure of sovereign national governments. Who is to say that any EU nation's judiciary must be completely independent? Because by nature, none are. The real issue for the Poles and Hungarians is whether or not supranational authority overrides national law. The EU is not a federal state. It is an economic association which has reached severe limitations due to its lack of sovereign authority. However, underlying the EU's veneer of economics rests a central geopolitical structure. That is -- a quest for diplomatic tranquility after a multiple century-long epoch of wars and world wars emanating from Europe's violent historical record. Never forget: This tragic history culminated in the worst blood-letting ever -- Nazi Germany and its quest for a global racist empire. The EU and NATO cannot erase Europe's past. Germany simply CANNOT lead Europe. Such a thought is very unrealistic. In fact, not only has the EU reached its political limitations, but NATO has ceased its raison d'etre with the demise of the Soviet Union. In fact, the European geopolitical divide is far more dangerous now -- with the expansion of NATO eastward -- than at any time during the old Warsaw Pact-NATO Cold War. In the US, the original Articles of Confederation were superseded by a federal constitution. Sovereignty was taken away from the individual states and placed into the more general designation of -- "We the people---". Indeed, there was much opposition to the proposed US federal state. And without the inclusion of ten amendments proposed by factions (which were at first in opposition), the US Constitution would have never been ratified. But even in the Constitution, the role and size of the federal judiciary was not defined. Only the method of picking justices was firmly established within the constitutional content. And as the whole world has recently witnessed, the nomination of US Supreme Court judges has become a hotly partisan endeavor. Let Poland be Poland, and Hungary the same. New thinking on Europe is needed.
... and YOUR new thinking on Europe is, may we ask ? You state the EU has reached its political limitations and NATO has ceased its raison d'être. It's journalistic to highlight some problems, and more difficult to conceive remedies and solutions. The EU is not finished. It must have its own Ministry of Finance, as much as a common fiscal policy, both attainable without any sovereignty being given up. Schengen needs to be retained for intra-European free-passport movement, but the outer borders of the Schengen area need controlling, patrolling (without walls) more strictly.
Or we could just kick Poland and Hungary out.
You make excellent points I really think if the two countries in question where Germany and France what would the EU do kick them out as per some suggestions. Lets not forget these politicians where elected by popular vote and are democracies so they are mandated by there peoples. They also have the same rights within the EU as Germany, Spain, France or Italy lets not bully these countries into submission as thats the wrong thing, The EU in a sense is not a democratic institution or government so it the unelected commission has to be careful how it treats democratic countries, as if it oversteps the mark there could be a huge fallout on democratic principle.
What a lot of specious nonsense this is..If countries dont want to uphold a basic tenet of democracy as regards judicial independence let them follow along the Putin way. US democracy and it legal system have just shown us that they are robust enough to withstand the attempted bullying of a would-be authoritarian. Let Poland and Hungary go that way, if that's really what their people want, and we'll await the ultimate likely outcome ... corruption, nepotism, oligarchy and steady erosion of democratic freedom. Go that way if you will, but Judy is 100% correct, they should not be allowed to do that whilst remaining members of the EU.
Judy is right. Of her two reasons for why Germany treats carefully with Poland, the latter plays a much larger role. Still, it's time for Germany to push back harder, just as the U.S. administration did over the past few years on media freedom and independence.
EU need to make its road easy - follow the democratic law or get out. Adjustment over will have grave ramifications in future
Excellent article, and one I agree with. The EU must not give in to Poland and Hungary.
Author fails to acknowledge the very real danger of this mechanism being used to achieve not so much "rule of law", but rather to punish national electorates for not voting "correctly". The governments which voted for that mechanism are selling out their nations. The charges against Hungary which led to article 7 for instance are lacking objectivity to an absurd extent. For instance, lack of media freedom? Germany was called out for its social media censorship law, which is clearly meant to silence critics of Germany's immigration policy. Antisemitism? It is Western Europe which is seeing a surge in antisemitic attacks, while Hungary remains the safest place for Jews. Yet, EU members of parliament voted for it, despite such obvious flaws. Then article 7 would have been triggered if it were not for a few countries resisting it. But rule of law only requires a qualified majority to trigger it, making it easy to wage ideological jihad against countries that are deemed to be braking ideological norms.
JUDICIAL REVIEW. One of the main "independent" judiciary tasks is an oversight (Judicial Review ) over actions done by the government's executive or legislative branches. It may invalidate laws or governmental acts incompatible with a constitution (for example). It is one of the checks and balances in the separation of powers. Thereby, life-appointments for judges are imperative to avert political pressures. Corruption is the primary reason why some "democratic leaders" wish to weaken their judiciary. Victor Orban and PiS leaders fall into this category. The EU should not hesitate in its duties to strengthen the rule of law for all Europeans' benefit.
Poland and Hungary are Germany's economic colonies it's outrageous that they don't obey.
The author as well as a few commentators are spreading common demagoguery and simply nonsense. The real and critically important issue here is not the budget or the funds to be dispensed but rather how tight a rope is the supra national and left leaning EU going to put around the necks of more conservative countries like Poland and Hungary, or all other member countries, for that matter. How much sovereignty are member countries going to be allowed, or rather are they going to be allowed any sovereignty? The criteria within the "rule of law" requirement has not been specified, so all objective observers should understand why the two counties are objecting. The vague "rule of law" requirement can be used arbitrarily and unfairly. Poland and Hungary, more conservative and traditional societies, (why not?) have another reason to be concerned. They have been forced many times before to tow the "progressive", neoliberal and destructive line drawn by the EU establishment. The "rule of law" requirement is meant by the EU to be another tool for that purpose. The leaders of Poland and Hungary have enough wisdom to resist, not only in the interest of their own countries, but in the interest of all EU member countries, who one day may experience what Poland and Hungary are experiencing and whose leaders have much less wisdom and foresight and look only at immediate financial benefits. The demand for the criteria under the "rule of law" requirement to be specified should be seen by all countries as basic, reasonable and unquestionably necessary.
The judiciary was NEVER independent in Poland since 1945! What are you talking about. Judges that threw true democrats into prison during marshall law in the 1980s are still passing judgment. The whole sector was never cleansed. Now this gov't. is starting to do it and what does it get? A slap on the wrists for trying to add a few less blemished judges. Turn on the news. All the private TV stations say what they want. If only there was such "freedom of speech" in Western Europe. My friends that come to PL from other countries are amazed. You don't like the gov't. line? simply switch the station. Just because Poland has a different take on reality doesn't mean it needs to be blasted. After 45 years under communism, hey, she deserves a break to bask in the sun a bit, enjoy its nationhood and not fall under a hegemonic Brussels diktat.
The rule of law within a democratic society is the bedrock and the guarantor of our individual rights. When a political party like the PiS is bent on dissecting the rule of law and voters acquiesce, transforming a constitutional government into an authoritarian cult of personality, then, fascism may set in. Anyone who treasures freedom must protect democratic institutions and ensure the laws apply equally to everyone, from the average citizen to political leaders and the wealthy. If we don't, fascism will sooner or later take It away. Pope John Paul II (1920-2005) once said, ” Freedom consists not in doing what we like, but in having the right to do what we ought.”- Testing fascism is like playing with fire. It took a significant effort from the majority of American voters to oust Trump from the White House. The US has more than 200 years of democratic tradition; Poland has about 30 years.
I wish the article were more explicit about in what ways Merkle can actually "push back". Do the rules require a unanimous vote? If so, what can Germany actually do?
How about the EU for once respect democracy in Poland and Hungary. The current Polish government is simply fulfilling their electoral promises. All was disclosed before the election and this is why the government continues to enjoy good support. And no they are not breaking rule of law. When Liberals are forced to give examples then they buckle and start talking about EU values that are not defined in law. Lets tell it the way it is. All this is the product of the Leftwing side losing support and the mandate to govern over Poland but still enjoy overwhelming majority in the EU including the disgraced Tusk who was Polish PM, then after loosing the election went to become EU President and since then has been fueling this sham witch hunt from Brussels along with his corrupt counterparts. I agree the EU does need to stop and apologize because when it comes to actual rule of law violations we should look to the West for the serious offenders.
Western Europe does not share Hungary and Poland’s past history of communism. The justice system is filled with judges that were nominated without scrutiny from judicial circles that have deep historical ties to communist Poland and Hungary. These judges protect eachother and others that were part of the former communist political apparatus. Poland’s steps to reform their judicial system have been made to mirror a system that exists in Germany and USA. It is not breaking any international laws or EU laws. The reason why this subject gains so much attention is becuase the Polish opposition has used this as a tool to influence and seize power (through foreign intervention).
Fine, I agree. But the judiciary in post-1989 Poland was nEVER shed of its past communist legacy by any sweeping reform. It is no an independent body; it has a strong, left-leaning tilt focused on destroying this government and its attempts of a true, total reform towards democratization. There are over 400 judges still issuing rulings that were also judges during the 1981 imposed martial law period in Poland. Given teh situation, some slack needs to be afforded Poland.
Poland is attacked by Brussels because the attacks are stirred by ,Polish opposition which is formed by PZPR former members and secret police agents , most of the present prominent politicians were secret police agents they are afraid that this unpleasant information will be widely known fact so they support each other and viciously attack Rilling party which is month by month working on their crimes committed since 1989 - many closed cases are being reopened by new facts . Tusk during 8 years of ruling in Poland did nothing to develop Poland he did quite opposite he let the olighars to buy out what was left for under the table acquisitions VAT gangs were stealing money - almost 300 billion zloty was stolen from the state tax system . Why did the government do nothing ? Because some ministers were taking part in it. Neuman - a prominent PO member says if you are with us our judges will proceed your cases for years and at the end you will become innocent. This judiciary system is deeply corrupted and stinks .PIS Party is the first party to start wiping out those judges who should be removed from their posts. Those judges were so shameful that they could become even petty thieves. It is hard to believe . I hope that the rule of law will be directed at them first at last . The author does repeat some old cliches about the rule of law in Poland but in my opinion doesn't know what it means. No ,I am sure.
Dear Judy, you, unfortunately, just repeat false accusations against Poland and Hungary. In fact, the recent government of Poland is the most ethical since 1989. Just read about the corrupted government of Civic Platform, do some research. The juridical system was corrupt to the bone and not under any democratic control. How would you like to be sentenced by the judges who formerly served the communist totalitarian regime and sentenced innocent people who wanted to live in a free country? Recent changes in the juridical system were very positive, I write this as a Polish citizen. About Polish veto. Rule of law is completely undefined and it can be used against member states for the interest of big EU players, Germany and France. Why police violence against Yellow Vest movement in France was not considered as breaking rule of law. Answer: because it happened in France... Poland and Hungary simply will not comply to double standard and vague rules. This two countries simply value the freedom.
Exactly, General, I believe that Brussels and -especially Germany- are out of the orbit of "reality", thinking about harassing and attacking Poland and Hungary can only demonstrate the authoritarian drift of a European elite lacking in political knowledge, perhaps submerged in the fantasy of the multimillion dollar interests of Germany in Russia and China ... They are doing so badly, Miss Dempsey, that they have scared away the best partner we had, which was the United Kingdom ... To consider financially attacking or expelling Poland and Hungary, it would only lead to the contempt of Brussels and the geopolitical "nonsense" of Germany ... Leave the Poles and Hungarians alone, they are our strategic partners to stop the imperial ambitions of the Kremlin! Neither Warsaw nor Budapest are a danger to democracy, that is ridiculous ... I even dare to say that Poland and Hungary are the first line of fire against the hooliganism of Vladimir Putin ... They are two countries of military and strategic importance indisputable. If Germany's elite continues to drive countries out of the Union, we will soon be at the mercy of 1.8 billion Chinese and Russian military personnel ... All suspicions of authoritarianism, inefficiency, incongruity and stupidity always fall on Germany ... Berlin can restore her credibility by setting up a top-notch army and leading the Defense in an intimidating way for enemies ... The current generation of idiots and stupid in the Bundestag must be fired as soon as possible ... Angela Merkel & Company, it's a bluff!
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