Three points on rule of law in Poland (THREAD): (1) What has PiS done? Simultaneously established greater political control over constitutional court, supreme court, common courts, judiciary council and prosecutor. The changes shouldn't be viewed separately, but as total system.
(2) Who says Poland has a problem? Basically everyone. Apart from internal critics, external organisations saying PiS's changes seriously damage judicial independence include Venice Commission, OSCE, multiple EU institutions, and even right-wing US think tanks Heritage and Cato.
(3a) What does PiS say? Changes were needed to address inefficiency and corruption, and to decommunise. The first point is reasonable aim that most Poles support. But PiS changes have only made courts less efficient. Corruption exists, but has been exaggerated in smear campaigns.
(3b) The decommunisation argument is completely disingenuous. PiS’s laws include no actual measures for assessing judges' past. And PiS itself has appointed two former communist party members to constitutional court. Both happened to be PiS politicians. Loyalty is what matters.
Conclusion: PiS has increased potential for political interference at all levels of justice system, while also further decreasing efficiency. Most judges remain independent, and right to fair trial is generally intact, but judicial independence is under serious threat in Poland.
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