A Foundation founded in the 1980s by George Soros has released a new paper, demanding the European Union ramps up pressure on the ruling Law and Justice party of Poland. The Stefan Batory Foundation cites “relatively successful” efforts by the European Commission to “restore rule of law in Poland in 2018” but suggests that more needs to be done to bring Poland in to line.
Make no mistake about the goal here. George Soros considers Poland’s submission to the European Union a necessity. The paper, entitled “The rule of law in Poland Actions by EU institutions and unaddressed recommendations of the European Commission”, describes how the battle for the “rule of law in Poland” is a “battle for the survival of the EU”.
The reality, however, is quite different. Poland’s economy is growing, and the country is becoming a bigger player on the world stage. If Poland is to continue this trend, it needs more than just a strong economy. It needs to strip away the stains of the past, whether that’s the final remnants of dependence on Russia, or influence from communist throwbacks
Poland needs a judicial system fit for today. Judges cannot be left, unmonitored and unregulated, as they recruit and promote other judges. The ability to then promote other judges into higher positions should be of great concern to anybody who believes accountability matters. No system quite this insular can ever avoid corruption. Who can control the quality, or even intentions, of judges appointed only by other judges?
Begin with just a small communist bias – just a tiny strain of pre-modern thinking – and the right amount of dedication can make a judicial system corrupt and politically/ideologically motivated within just a matter of years.
The efforts made by Polish leaders to rework and re-design how the judicial system works are not what Soros purports them to be. This is not an attempt to “deteriorate the rule of law” as the Batory Foundation claims – though I will concede that this may indeed be a threat to the supranational aims of the European Union.
Poland’s judicial system must be held accountable by other branches of government. This report claims that Polish authorities are “subordinating the judiciary to the executive” – but this is really a matter of accountability. Not subordination.
And, when this paper claims that these measures are being done “through the back door using existing legislation”, they are highlighting the very legitimacy of this process. An elected government is improving accountability through legitimate political measures.
We should be concerned not just by what this report gets wrong, however. Or indeed, what it deliberately misrepresents. We should be concerned about what it aims to achieve.
In its summary, the report explains:
“…the rule of law in Poland requires further action from the EU, both by European institutions and individual countries. As the past few months have shown, the Commission’s complaint to the CJEU (European Court of Justice) as part of the infringement procedure and its request for interim measures has been the most effective instrument for restoring European standards and criteria set out in the TFEU and the Charter of Fundamental Rights”.
We should therefore expect the European Union to bow to pressure from groups such as this, and begin launching new legal measures against Poland.
It goes on to say:
“The battle for the rule of law in Poland sets a precedent and is effectively a battle for the survival of the EU, as a community in which each member state guarantees that rights and freedom are protected to a similar standard”.
This isn’t just a dangerous and disingenuous use of phrases like “battle for the rule of law” and “rights and freedom” – it lays out Soros and the Stefan Batory Foundation’s intention to continue pressuring the EU to take action against Poland.
If you aren’t already convinced that these people can’t stand Poland’s tenacity, then consider their claim that Poland has a “lack of substantive acceptance” of decisions made by the European Court of Justice. They want Poland to sit up and listen.
What they don’t realise is that by refusing to allow Poland to modernise and improve its own judicial system and tackle the unique issues it faces – and by threatening a legitimate and elected government – Soros and the EU could estrange the Polish people from a European project they generally support. Soros’ aim for a singular governance in Europe is laid bare here, in black and white. This is not a conspiracy. It is very real.
Just like the ruling party is attempting to remove the last of a communist and authoritarian disease within the judicial system, I think it’s time for action to be taken on the “progressive”, globalise disease that continues to operate, influence and disrupt from within Poland.
If Soros is willing to play this game, then Poland’s leaders must beat him at it.