Poland

Poland’s top court has finally called the EU’s bluff

For many years, the EU has posed as a kind of overbearing imperial leviathan, which insists its law has to prevail over that of the states that make it up. Now its bluff appears to have finally been called: the Polish constitutional court in Warsaw ruled yesterday that some EU laws are in conflict with the country’s constitution. Understandably, Brussels is not happy. But what can it do about it? The background to all this is a spat between Brussels and Warsaw about whether Poland’s machinery for appointing judges to its own courts is EU-compliant. Brussels says it is not, because under it judicial impartiality cannot be guaranteed. This, it says, is contrary to EU

Donald Tusk is playing a dangerous game in dismissing Polexit

‘The British showed that the dictatorship of the Brussels bureaucracy did not suit them and turned around and left.’ That’s the verdict of the parliamentary head of Poland’s ruling Law and Justice (PiS) party, Ryszard Terlecki, who has once again brought discussions of ‘Polexit’ to the foreground of Polish politics. Donald Tusk, Poland’s new leader of the opposition, has responded by suggesting this is party politics at work. But he is making a dangerous mistake to dismiss the prospect of a Polish exit from the EU. ‘If things go the way they are likely to go, we will have to search for drastic solutions,’ said Terlecki on Friday, citing Brexit as an example of

Fortress Europe is dreading the Afghan migrant crisis

Fortress Europe is pulling up the drawbridge. The takeover of Afghanistan by the Taliban is likely to being about a new wave of refugees heading west, and so walls and fences are being hastily built around the borders of the Schengen Area. As scars inflicted by the last migrant crisis re-open, the possibility of a new influx of refugees is causing deep apprehension throughout the EU. At Usnarz Gorny, on Poland’s border with Belarus, the migrant crisis is already beginning. Twenty four Afghan migrants currently sit stranded in no man’s land between Polish and Belarusian border guards. Left without food or clean drinking water for weeks on end, their situation

Poles apart: The EU will never understand Poland

Poland was the largest state in Europe for over two centuries. It was a multi-ethnic commonwealth, a refuge for Jews, a bulwark of the counter-reformation with religious liberty and an elected monarchy. Jan III Sobieski, King of the Republic of Poland, reversed the millennium-long expansion of Islam at the gates of Vienna in 1683. If Rome was the heart of the faith, Poland was Christendom’s spear. In the 20th century, Józef Piłsudski prevented the Bolsheviks from exporting the Russian Revolution to the West. And John Paul II drove a stake through the heart of the USSR. The Poles do not believe that they need any lessons about freedom or sacrifice

Why Poland’s EU climbdown may help Law and Justice

Dare Poland stand up to the EU? The leader of Poland’s ruling Law and Justice (PiS) party Jaroslaw Kaczynski announced on Saturday that the country’s controversial disciplinary chamber for judges, the subject of a long-running dispute with the bloc over the ‘rule of law’, will be disbanded. The climbdown seems at first glance to be a humiliating defeat for the Polish government in the face of pressure from Brussels. The European Court of Justice gave Poland until 16 August to disband the disciplinary chamber. Politicians in Warsaw say the chamber is a means to root out corruption but the ECJ believes it undermines the independence of the Polish judiciary. With

Hungary, Poland and the EU’s ‘diversity’ problem

It is quite something when the self-proclaimed ‘illiberal’ prime minister of Hungary, Viktor Orbán, reminds Brussels of its liberal principles. As part of the ongoing row over a Hungarian law which bans the ‘depiction or promotion’ of homosexuality and gender reassignment, Orbán has argued that: ‘If we want to keep the European Union together, liberals must respect the rights of non-liberals. Unity in diversity.’ ‘Unity in diversity’ has been the official motto of the European Union for over 20 years. The idea that the continent can unite in a common political and economic framework without losing the diversity of its constituent nations underpins the very idea of a democratic union

On the run from the Nazis: a Polish family’s protracted ordeal

Writers of memoirs are often praised for their honesty — but how do we know? I found I did believe Frances Stonor Saunders for readily admitting her ambivalence towards her father, who died in 1997 of Alzheimer’s. She is ‘secretly furious’ with him for ‘not telling his story’. But when his suitcase — almost certainly containing revealing documents — is handed to her in a church car park in 2011, she baulks at opening it and puts it first in her mother’s attic (her parents divorced when she was eight), then in her uncle Peter’s, where it stays for the next ten years. Her mother had warned: ‘If you open

The EU will regret its legal onslaught against Poland

When European governments openly disobey courts, ears prick up. When two courts simultaneously contradict each other on the same day and descend into an unseemly shouting-match, all bets are off. Welcome to the mad world of Poland’s legal relations with the EU. The ruling Law and Justice Party in Poland, PiS, is cordially detested in Brussels. Its policies, which are quite popular locally, are anathema to the liberal and cosmopolitan Euro-nomenklatura. Back in 2017, PiS introduced technical changes to the terms of appointment of the Polish higher judiciary, including a disciplinary chamber with political connections armed with powers in certain cases to sanction judges.  The measures were aimed at halting corruption. But

The rule of law is breaking down in the EU

There are 27 member states in the EU. Two have now declared they are not bound by EU law. Based on the law as set out in the treaty each member state signs when it joins the EU, that means both countries are in breach of international law. The first country in breach of international law was Germany. I wrote about this last year. The German court said it wasn’t bound by EU law because the EU had no power to act on the legality of the ECB’s bond-buying programme during the pandemic. The Germans said ‘you can’t answer this question, so we will’. Crucially, the EU disagreed and the

The strangest landscapes are close to home

This pleasant volume, the author announces in the introduction, is ‘not a nature book, or even a travel book, so much as a book of fantasy: four small pilgrimages into imagination’. In its pages Nick Hunt unfurls his sleeping bag under a pink moon, breakfasts on a raw white onion and meditates both on what remains and on what we have lost. Outlandish is divided into four parts, each covering a short walk through a uniquely unusual landscape: Arctic tundra in the Cairngorms; a remnant of primeval forest straddling Poland and Belarus (‘the closest thing that Europe has to a true jungle’); the continent’s ‘only true desert’, in Spain’s south-eastern

How a Polish coal mine risks derailing the EU’s climate strategy

Cracks are appearing in the EU’s climate strategy. An international dispute over the court-ordered closure of a coal mine on the Poland-Czech Republic border has thrown divisions over how to phase out fossil fuels into sharp relief, leading to the first ever environment-related lawsuit between two EU member states. The Czech Republic has taken Poland to the European Court of Justice to oppose the extension of a licence for the Turów coal mine on Poland’s south-western border with the Czech Republic and Germany. The Czech government said that continued operations at the mine constitute a risk to the health of Czechs living nearby due to air pollution and reduced groundwater supplies. The ECJ

Stalin as puppet master: how Uncle Joe manipulated the West

Of the two dictators who began the second world war as allied partners in crime but ended it in combat to the death, there is no doubt who has received more attention from historians and in the popular imagination. So much so, indeed, that the conflict is often labelled ‘Hitler’s War’. In this unashamedly revisionist account, the American academic historian Sean McMeekin asserts that we have been looking at the war through the wrong end of the telescope. The tyrant who, while not launching the conflict, took advantage of the circumstances that it presented at every turn, and certainly ended up by winning it, he says, was the man he

How does ‘taking the knee’ help Qatar’s World Cup slaves?

What was going through the minds of England players as they took the knee, yet again, prior to their victory over Poland in their 2022 World Cup qualifier at Wembley last week? George Floyd? Racism in sport? Nothing in particular?  We’ll never know. But it seems unlikely they were thinking too hard about the destination where, if their good form holds, they will be representing their country next winter: the tiny gulf state of Qatar. If they had, they might have spared a thought, and perhaps a gesture, for the 6,500 migrant workers estimated to have died since Qatar won the right to host next year’s tournament. The issue of migrant worker

Poles apart: why the Polish community doesn’t want the vaccine

There is a joke going around Poland at the moment which encapsulates the national character perfectly. A German is told he has to have the Covid vaccine. He is uncertain. ‘It’s an order,’ the doctor says, and so he agrees. A British man is told the same. He wavers. ‘Do it for Queen and country,’ the doctor says. He agrees. A French man is told ‘It’s the fashionable thing to do’, and he agrees, too. Finally, a Pole has his turn. The doctor says: ‘You’re Polish, you definitely won’t take the vaccine.’ The Pole replies: ‘Don’t tell me what I think. Give me that vaccine!’ Anyone who knows Poles (I’m

The EU is sliding into a United States of Europe

When a proposed constitution for the EU was mooted in 2005, many in the UK and elsewhere in the bloc smelt a rat. This looked like a bid to shoehorn national governments into a nascent United States of Europe. The French and the Dutch agreed: and being constitutionally guaranteed a referendum on the matter, both took the obvious step and voted the scheme down. No matter. As we now know, the proposal was re-packaged in almost the same form as a consolidation measure called the Lisbon Treaty. It is now part of the EU treaty system. The Cassandras were, of course, absolutely right. The EU was indeed playing a long

Central Europe’s vaccine scepticism problem

Countries around the world are in a race against time to vaccinate their populations against Covid-19. But there is one particular region which appears to have a growing problem with vaccine scepticism: Central and Eastern Europe. As a British expat living in the Czech Republic, I have noticed the lack of eagerness with which many Czechs discuss the vaccine rollout. This may in part be due to the country’s floundering and much-criticised vaccination programme. But it is noticeable that anti-vaccine sentiment is more common – and gets much more attention – here than in the UK. Ex-President Václav Klaus recently told a large anti-lockdown rally in Prague that vaccines are

The courts, the bishops and the troubling case of a dying man

It’s not every day a Polish bishop asks an English bishop to write to Matt Hancock to plead for the life of a Polish citizen living in England, but that’s what’s happened this week. Last year, Mr RS, as he’s known, had a heart attack, went to hospital in Plymouth and was given hydration and nutrition through tubes into his body. The hospital withdrew this support after a court ruling earlier this month. RS’s wife and children, living here, wanted the hydration and feeding stopped; his Polish mother and sisters wanted it maintained. The Court of Appeal has sided with his wife and children, while the European Court of Human

How Poland is reinventing Euroscepticism after Brexit

With Britain leaving the EU, Brussels is adopting a new assertiveness – but Poland and Hungary are fighting back. The two countries are plotting a strategy of vetoing the EU’s latest budget because of a mechanism attached to it allowing the bloc to withhold money if a country falls short of its standards. Poland and Hungary fear that this measure could leave them vulnerable if Brussels doesn’t like their domestic legislation. But this drama is about more than just money – it also shows the direction Euroscepticism is heading in after Brexit. Without Britain’s influence, Euroscepticism is now beginning to take on a new form – more cultural, and less economic. Poland and

The Visegrád bloc are threatening to tear apart the EU

The bad boys of Europe are at it again. The EU has been attempting to tie budget funds to members states’ adherence to the rule of law. This has been rejected by Poland and Hungary, leading to the latest in a long line of conflicts between Brussels and the conservative Central European countries. But looking at the issue in a wider regional context, it becomes clear that this is not just another diplomatic spat, but part of a wider trend. The liberalism of the EU is now facing a serious ideological opposition from the entire ‘Visegrád Four’ bloc of Hungary, Poland, the Czech Republic, and Slovakia. The latest dispute over

Poland’s All Saints’ Day traditions are at risk

The grave sweepers came early this year. When I visited one 18th century cemetery in Warsaw, half the tombstones had already been tidied and decked with pots of yellow chrysanthemums, well before All Saints’ Day. The other graves remained obscured by sodden piles of leaves. Many cemeteries may not see guests at all this year. Traditionally, on the first day of November millions of Poles travel to their family tombs for All Saints’ Day – some traversing the entire country to reach rural resting places in ancestral hometowns. When they arrive, they lay new plastic flowers, throwing away last year’s imitations, by now turned pale yellow and fluorescent green. In cities public