By Shannon Togawa Mercer

Poland’s new president, Andrzej Duda, recently visited Washington to attend the Nuclear Security Summit. During his visit, President Obama declined to meet him, an action that gave rise to much discussion. Washington has previously expressed concern over the new government’s anti-democratic bent. American diplomats, in a visit earlier this year, conveyed to Polish government officials that they expected the new government to reverse recent moves impinging on the power of the Polish judiciary. Secretary of State John Kerry has referred to the recent creep of authoritarianism as one of Poland’s “internal challenges.” The party in power, Law and Justice, has been accused of stacking Poland’s highest court. Notable Polish TV news host, Tomasz Lis, has publically stated that any criticism against the new ultra-conservative government is unwelcome: “If you express criticism then you are the enemy and you have to be destroyed.” This course change, in a country which had taken a promising democratic turn after the Cold War, could be yet another unneeded burden on the already strained and destabilized European Union.

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April 08, 2016

By William Stroupe

As Poland’s constitutional crisis deepens, the EU is increasingly likely to slap sanctions on the country for violating EU rule of law commitments. The EU’s Venice Commission, a human rights watchdog, released a highly critical report after a series of controversial actions by the Polish government. Upon election, the conservative-led government expanded the Constitutional Court and adopted new procedural rules which made it more difficult to overrule legislation on constitutionality concerns. The high court rejected the new rules as unconstitutional. However, the government has refused to publish the court’s opinion (and thus render it binding) on the basis that the high court failed to follow the new rules in concluding that they were unconstitutional. If the EU’s rule of law investigation finds violations in Warsaw, the European Council may invoke Article 7 of the Treaty on European Union to suspend rights arising from the Treaty, including Poland’s right of voting representation in the European Council. In the event a specific violation of EU law is found and prosecuted under Article 258 of the Treaty on the Functioning of the European Union, financial sanctions may also be imposed.

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March 28, 2016

By William Stroupe

Until recently, Poland had long been the unanticipated great post-Soviet success story. Though Hungary was the popular candidate for post-Soviet stardom, it was Poland that quickly transitioned into a market democracy. It has since been the golden child of the European project. The country is often cited as the best evidence that a totalitarian, centrally-planned, middle-income state can transform into a wealthy, liberal democracy. That reputation is now in question.

In 2015, the right-of-center Law and Justice (PiS) party won the Presidency and an absolute majority in both Sejm and Senate (the lower and upper houses of parliament respectively). The wave of popular support for right-leaning parties’ anti-immigrant, nativist stances came in the wake of a worsening refugee crisis which exacerbated frustration with EU gridlock. The first absolute majority in both houses of Parliament since Polish independence more than two decades ago was seen as a test of Poland’s young but vibrant democracy.

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March 22, 2016

By Matt Klinger

Data privacy officials from across the globe gathered in Poland last week for the 35th Annual International Conference of Data Protection and Privacy Commissioners.  The conference attendees adopted eight resolutions on various privacy issues including a call for increased cross-border cooperation in data privacy investigations and recommended safeguards for parties that engage in profiling. 

Attendees also adopted a declaration addressing the "appification" of society. The declaration emphasizes that app developers should only collect data necessary for their product's performance and calls on operating system providers to offer more granular privacy settings on mobile devices.  The commissioners warned that if their efforts to encourage better privacy practices regarding apps do not have "sufficient effect," they "will be ready to enforce . . .  legislation in a global effort to reclaim user control."

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October 02, 2013