New legislation could cause major conflict with EU

[Marcin2 + 726]

Full article:

Legal chaos in Poland deepens, posing major challenge for EU

https://www.washingtontimes.com/news/2020/jan/24/legal-chaos-deepens-in-poland-in-new-challenge-for/

 

 

The right-wing populist governing party has tried to take control of Poland’s court system ever since it won power in 2015, steadily eroding the courts’ independence from politics.

On Thursday 23 January 2020, the lower house of Parliament passed legislation that allows the government to fire judges who rule against the government even if they adhere to EU law.

 

Critics call it a “muzzle law,” and it has been condemned by the EU, the United Nations and the Council of Europe, the continent’s largest human rights body.

Amnesty International has said the law would end the separation of powers in Poland.

The European Union expressed its deep concerns Friday as Poland’s government continues to defy the laws and standards that it agreed to uphold when it joined in 2004.

Some European legal scholars warn that the developments threaten the entire EU legal system. National courts in the 28 EU member countries recognize the decisions of courts in the other nations on everything from European arrest warrants, child custody issues and commercial law.

Also on Thursday Polish government expressed open defiance of a still mostly independent Supreme Court resolution that condemned some judges’ appointments as illegitimate (they were effectively nominated by government in defiance of constitution).

 

Laurent Pech, a professor of European law at MiddlesexUniversity in London, tweeted that “Poland is no longer a democratic regime” and that a “process of de facto exit from EU legal order has begun.

 

Edited May 15, 2020 by Marcin2
typo

[Boat + 1,324]

Fire Poland, there is no room for Authoritarian rule, These types of countries need to survive with no trade from the rest of the world. It needs to become us against them. 

[0R0 + 6,251]

1 hour ago, Boat said:

Fire Poland, there is no room for Authoritarian rule, These types of countries need to survive with no trade from the rest of the world. It needs to become us against them. 

Not that easy. 

US just setup military installations there to stop the Russian's expansion plans now that Germany isn't playing NATO anymore. 

They will face an ultimatum at some point and then be cut off from the EU. 

@Marcin2Sorry for the developments in your country. I still have family there, 3rd cousins. 

[Boat + 1,324]

That’s Poland’s problem by going to anti civil right policies. Stupid decisions should have consequences. 
PS. There should be no US troops anywhere unless the host country pays every dime and cooperates with common trade laws and similar rule of law to protect its citizens.

I don’t mind the idea off supporting true allies but on their dime.

[footeab@yahoo.com + 2,190]

On 1/24/2020 at 2:48 PM, Marcin2 said:

Fuary 2020, the lower house of Parliament passed legislation that allows the government to fire judges who rule against the government even if they adhere to EU law.

Critics call it a “muzzle law,” and it has been condemned by the EU, the United Nations and the Council of Europe, the continent’s largest human rights body.

 

What tripe: The TWO KEY points were left out of article:

1) Key point is this LIMITS the judicial branch from going ROGUE.

2) WHAT percentage of parliament has to vote in favor of impeaching a judge? 

Here in the USA impeachment of a judge requires 2/3 vote.

EDIT: Another way to overrule a judge is for 2/3 vote against the specific ruling.  Hrmm I think it might be 3/4.  Dang I am forgetting this specific aspect of USA Constitution.  And yes, it has been done before.  Same is true in the UK as well.  I forget the percentages in the UK's case.  I have never read in-depth on EU division of powers, and checks on those powers by the other branches, other than they do not exist in practice. 

It would appear that Poland is FORCING this check on the judicial branch into their Constitution.  Good for them! 

Welcome Poland to the club of REAL democracies where each division of government has checks and balances from the other division of government.

Edited January 26, 2020 by footeab@yahoo.com

[Ward Smith + 6,615]

On 1/24/2020 at 2:48 PM, Marcin2 said:

the lower house of Parliament passed legislation that allows the government to fire judges who rule against the government even if they adhere to EU law.

The key takeaway to me is the last phrase above. What difference does it make in Poland if a judge ruled against Poland but in favor of the EU? To my way of thinking, a LOT. 

This is just more globalism versus nationalism. 

Thanks for bringing this to our attention Marcin. I'm not convinced it's a bad thing however. 

[Jan van Eck + 7,558]

On 1/24/2020 at 11:03 PM, 0R0 said:

Not that easy. 

US just setup military installations there to stop the Russian's expansion plans now that Germany isn't playing NATO anymore. 

They will face an ultimatum at some point and then be cut off from the EU. 

The "cut-off" will predictably come at the Suwalki Corridor, a short strip of land that is contiguous to Lithuania and Poland.  It is about 40 miles and has a river in there; the crossings are one railway line and two roads, only one of which is sturdy enough to support tanks.

On the left side, between Suwalki and the Baltic Sea, lies the "Kaliningrad Oblast," an exclave of the old Soviet Union that used to be Germany's Prussia and was gobbled up by Stalin in the aftermath of WWII.  The Russians sit on it today and treat it as an integral part of Russia.  It is a toxic wasteland, and totally militarized.  With all the heavy stuff in there, the Russians could do a "push" across the Suwalki and connect up with Belarus, where Russia has some 15 divisions of troops on permanent garrison.  

By blocking the rail line, e.g. by blowing up the rail bridge and blasting the highway bridge, the Corridor becomes a choke point that denies access to support equipment from NATO to the three Baltic Countries. So the reinforcement of the Suwalki is of major importance to NATO commanders. And you can anticipate that, in any first move to gobble up territory in Latvia, the Russians will first seize the Suwalki. 

You could argue that Russia has no legitimate claim on the Kaliningrad Exclave, but I suspect that that will go nowhere.  So, they sit in there, and NATO is at a disadvantage.   Another reason to have rotating battalions of troops from NATO troops in the Baltic States and lots of pre-positioned equipment. 

I predict that Russia will do a "Sudetenland" claim on the Eastern part of Latvia, where there are lots of Russian-speaking peasants.  Will NATO resist?   Hard to say.  But the Russians will try.  Putin has this dream of grandeur of restoring the Soviet Union, and the USSR is not the USSR without the Baltic States  (and Ukraine).   the world is not out of the woods yet. 

[Jan van Eck + 7,558]

To understand just how vulnerable Latvia is to Russian pressure and land-stripping, check out this quote:

"According to Latvia's State Security Service (VDD), Russia claims that “Latvia is a puppet of NATO and the USA which can be used as a platform for attacking Russia, therefore Russia has the right to take all measures required to defend itself.” "

When the VDD talks about "defending Russia," that really means invading Latvia and seizing half the country.  Stalin did that to Poland back around 1939.

[Ward Smith + 6,615]

23 minutes ago, Jan van Eck said:

To understand just how vulnerable Latvia is to Russian pressure and land-stripping, check out this quote:

"According to Latvia's State Security Service (VDD), Russia claims that “Latvia is a puppet of NATO and the USA which can be used as a platform for attacking Russia, therefore Russia has the right to take all measures required to defend itself.” "

When the VDD talks about "defending Russia," that really means invading Latvia and seizing half the country.  Stalin did that to Poland back around 1939.

It's obvious why the big bad bear needs to fear the tiny little lap dog. Of course it must attack first, to pretext itself. Whoops meant to say protect, or did I?