Why my government is reforming Poland's judiciary

On Nov. 11 in Warsaw, an estimated 60,000 people marched in an annual Independence Day celebration. The subsequent global media furor underlined the dilemma facing modern Poland and the need for Poland’s leadership to speak clearly and forthrightly to our country’s allies and friends. A regular event since 2010, for almost all participants the march was peaceful, joyous, and non-political. Nevertheless, a small group of anti-Semitic and racist extremists – unseen by most present – skillfully captured the attention of international journalists and photographers.

The Polish political tradition is built not on ethnic or sectarian identity but a shared culture that reveres human freedom. But by unfurling hateful banners and reciting repugnant slogans, this group branded the event their own throughout the world.

Senior officials and the head of the ruling party immediately denounced those anti-liberal elements and their role in the day. But for a country as precariously placed as Poland, such misimpressions can undermine national security and sovereignty.

This past year has provided a master class in that lesson. All year, we have struggled with the widespread misunderstanding of our plans to reform Poland’s deeply flawed judicial structure. In mid-November, less than a week after the march, the European Parliament took first never-before-invoked steps to sanction the country, citing those charges. It is time for us to explain ourselves better, because our cause is just.

No democratic nation can long accept having any branch of government independent of checks, balances, and public accountability. That is the judiciary’s status in today’s Poland. And this very peculiar flaw of governance, its origins, and its consequences have been rarely discussed or understood in Europe and America.
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