Dutch court raises official doubts about legitimacy of Polish judiciary

I have been remiss in posting regularly about the assault by Poland’s ruling PiS party on the country’s judiciary. The problems began back in 2017, when President Andrzej Duda and his compatriots began intimidating and pressuring the state’s judiciary undet the guise of ferreting out the remnants of communism. The government’s efforts included a reform bill that gave the ruling party enormous power to select judges, an attempt at forced judicial retirement, and repeated acts of political intimidation.

The assault continued last year with the creation of a politically charged “Disciplinary Office” for judges whose rulings did not tow the PiS party line, and an effort by the deputy justice minister to blackball judges critical of the party.

Duda was elected to another term last month, and the capture of the state’s once-independent judiciary now appears to be sadly complete. The court system’s independence is now so in question that a Dutch court has refused to extradite a suspect back to Poland unless forced to do so by the European Union. A Reuters article provides more context:

Polish rule of law has become an increasing matter of dispute within the EU, as critics say the ruling nationalist government has undue influence over judicial appointments.

The International Chamber of Amsterdam’s District Court said it did not believe Polish courts were independent of government and it would not extradite the suspect until the EU Court of Justice told it to.

In April, the EU executive opened a case against Poland’s government over muzzling judges. That came after Poland had passed a new law making it possible to punish judges who criticize the system.

“These developments harm the independence of the Polish judiciary so much that it cannot operate independently of the Polish government and parliament,” the Dutch court said in a statement.

While Democrats are tactlessly trying to shame the Supreme Court and the President inanely attacks judges on Twitter, real problems of judicial independence are spreading around the world. Where is American leadership on this issue?

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