CCCU Expert Comment: The deterioration of Poland’s democracy

Following the announcement of Polish President Andrzej Duda to veto two bills that are part of the governments controversial plans to reform the judiciary, I wrote a brief commentary for the CCCU Expert Comment blog. You can find the whole text below:

THE DETERIORATION OF POLAND’S DEMOCRACY

Dr Philipp Köker explains that the President’s veto is unlikely to stop the deterioration of Poland’s democracy.

The Polish president, Andrzej Duda, has announced that he will veto two highly controversial bills aimed at reshaping the country’s judicial system.

At first glance, this may appear as a success for thousands of Poles who protested for weeks across the country and abroad. However, even though the president’s veto can only be overridden by a 3/5 majority in the Lower House of parliament, the veto alone is unlikely to stop the deterioration of Polish democracy.

Since taking office, the Law and Justice Party – whose leader Jarosław Kaczyński has publicly expressed his admiration for the policies of Hungarian Prime Minister Viktor Orbán – has taken it upon themselves to reshape the country’s political system by bringing state media and judiciary under their control.

Shortly after their election in 2015, their government overruled nominations for five constitutional judges that had still been made by the last parliament and later refused to publish a ruling of the Constitutional Court that demanded three of these had to be sworn in by president Duda. Yet Duda, a member of Law and Justice himself, refused.

Subsequently, the government effectively cleansed state media of critical editors and journalists who the party had long accused of biased coverage.

Since then, objective coverage and commentary has been largely absent from public channels. The reform of the judiciary, already at the heart of the party’s programme during its first government in 2005-2007, is now a further step towards an ‘illiberal state’ modelled on the Hungarian example.

One of the two bills now vetoed by the president would have given the justice minister the right to fire the heads of lower courts, while the other would have allowed the government to replace all Supreme Court judges.

President Duda has been complicit in all these changes and so far failed to provide an effective check-and-balance on the government. However, presidential action was inevitable after it emerged over the weekend that the Polish Senate had passed bills in different versions than the lower chamber. Nevertheless, the veto alone is unlikely to put a halt to the Poland’s descent into illiberalism.

The president has only temporarily halted a reform that will inevitably be implemented unless other countries stand together and oppose this attack on democracy.

The EU, which has already threatened Poland with a suspension of its voting rights, will thereby play a key role. However, individual states and their parties also have an important role to play. Although the UK is headed for Brexit, Theresa May must not be indifferent to these developments – in particular because both the Conservatives as well as the DUP have a long history of cooperation with Law and Justice in the European Parliament.

Dr Philipp Köker is Senior Research Fellow in Politics and International Relations at Canterbury Christ Church University. He is an award-winning expert on presidential politics in European democracies. His new book ‘Presidential Activism and Veto Power in Central and Eastern Europe’ has just been published with Palgrave Macmillan.

Hungary – Prime Minister Orbán re-elected, Fidesz government will hold 2/3 majority in parliament

This post first appeared on presidential-power.com on 8 April 2014

On Sunday Hungary held the first parliamentary elections since its new constitution came into force on 1 January 2012. Contrary to previous elections, the size of parliament has been reduced from 386 to 199 deputies and the elections took place under a new electoral system. As expected, the governing Fidesz-KDNP won the elections by a large margin and will (very likely) once again hold a 2/3 majority in the assembly.

Preliminary results of the Hungarian parliamentary elections, 6 April 2014 (turnout: 60.48%)preliminary results - Hungary elections 2014

From 1990 until 2010, voters elected 386 deputies using a two-tier mixed member system. In this election, the number of deputies was reduced to 199 and the run-off for single-member electoral districts (SMDs) abolished. Furthermore, for the first time Hungarian citizens living abroad were allowed to vote (albeit only for the party lists) and members of ethnic minorities could vote for their own representatives. Especially the latter was heavily criticised as registering as a minority voter prevented people from voting from the other party lists (no minority representative won a seat under the new system). The government was also accused of gerrymandering when it re-drew the boarders of the now larger SMDs – even from the otherwise ideologically largely aligned far-right party Jobbik.

According to the preliminary results – votes in one SMD are still being recounted and might costs Fidesz its 2/3 majority – Prime Minister Orbán’s Fidesz (in an electoral alliance with the Christian-Democratic KDNP) won 96 out of 106 direct mandates and 37 of 93 seats from electoral lists. The centre-left Unity alliance (MSZP-EGYUTT-DK-MLP) had struggled to come together since its inception and were thus unable to effectively campaign against the government parties – they only won 10 direct mandates and 26% of the list vote. The far-right Jobbik party which has repeatedly made headlines for their xenophobic and specifically anti-Roma rethoric could slightly improve on its 2010 electoral result yet still holds only 12% in parliament. Last, the Green Party LMP lost support and now only holds 2.5% of seats (4.15% in 2010).

The clear victory for Prime Minister Viktor Orbán come as no surprise, yet will likely affect Hungary’s position in dealing with other countries in the EU which have previously criticised Orbán’s style of governing and several policies that have limited press freedom (several government-critical journalists were also denied access to the government parties’ election party). The election results have also further strengthened the position of Prime Minister Viktor Orbán and have  ensured the re-election of president János Ader (also Fidesz) in 2017. However, a more prominent role of the Prime Minister together with his party colleague as head of state will inevitably lead to a further marginalisation of the role of the president as a check-and-balance – a development that could already be seen during Orbán’s last four years in office.

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For more information on the results of the Hungarian parliamentary elections see:
Saltman, Erin Marie. 2014. ‘Fidesz have won a clear victory in Hungary’s elections, but their supermajority hangs in the balance’. LSE EUROPP Blog 7 April 2014.
http://blogs.lse.ac.uk/europpblog/2014/04/07/fidesz-have-won-a-clear-victory-in-hungarys-elections-but-their-supermajority-hangs-in-the-balance/