Partial independence doesn’t exist: how will the EU get on with Poland?

All member states of the European Union treat the implementation of European law differently. The European Union sets minimum standards a member state must adhere to, but organizing legal bodies and courts is done on a national level. Kees Sterk, endowed chair and professor of public law, sees trouble brewing in Poland: “Just like the Netherlands, Poland has its constitution. On paper, they accept European law into this system; in practice, the Constitutional Tribunal is subjected to political influence.” The Polish Constitutional Tribunal’s decision is a prime example of this political influence. Through this decision, Poland is rejecting the rulings of the European Court of Justice.

The conservative nationalist party Law and Justice (PiS) won the Polish elections in 2015. Since then, it has made drastic reforms that threaten the independence of the Polish rule of law. Matteo Bonelli, who is an assistant professor specializing in institutional, constitutional, and fundamental rights law, sees a twofold decline taking place: “PiS is currently taking over the judicial system by reforming it and appointing judges. Additionally, Poland has placed democracy above the rule of law: judges are pressured when they review policies.”