«Lat Polexit it is already a reality, we are in the midst of Poland’s exit from Europe ». Monica Frąckowiak, magistrate in Poznan, a former medieval capital and magnificent Renaissance city, has been fighting for years against the relentless erosion of the rule of law in her country. In Italy, at the congress of the Democratic Judiciary, with Medel he gave a voice to the judges in the sights of Warsaw.
Why is Polexit already a reality?
“Since 2015, step by step, a“ legal Polexit ”has occurred in Poland, that is, a country’s exit from the Union decreed by Warsaw’s violation of EU principles and laws. When a country does not respect fundamental values and dismantles the rights of women and the LGBT + community, destroys the independence of the media and the judiciary, then it is clear that, less explicitly than the United Kingdom, it is leaving Europe “.
Have many of the Polish laws, such as those against LGBTQ +, “inspired” subsequent political choices in Budapest?
«Yes, but with one fundamental difference. The situation in Poland looks worse because the government is more systematic. But if you look closer we see that Budapest has even managed to change the Constitution. In addition, the Hungarian judges and civil society seem unable to react against Orban, while the Poles are stronger and the judges still manage to hold back the government’s overrun. Think, for example, of the thousands of complaints against women who demonstrated for the right to abortion: the government had them arrested, at the trials the magistrates acquitted them ».
But Polish civil society continued to vote for PiS …
«Of course, if we exclude the big cities, where in fact it does not win, the propaganda of the aligned media – because the others have been silenced – has managed to create an atmosphere of hatred and fear – of women, of homosexuals. And when people are afraid it is easy to present themselves as the prince on the white horse and make them believe that he will save them. It always works ».
What do you think will happen now?
“As long as the money is not touched, European action will not be enough. Funds in exchange for rights isum. In the meantime, we need to make our citizens understand what is at stake, because I don’t think it’s so clear. We must support NGOs and activists, only in this way will we break through the wall of propaganda among the citizens. Citizens on the ground, to use a military image “.
That is?
“To the Polish peasant woman talking about rights and freedom seems almost offensive. If you are hungry, freedom is secondary, and rights are an abstract concept. But when the state expropriates your land, you’ll have to go to court to defend yourself. Only then will you understand that it is essential to have judges who respond to the law and not to the government ».
Is Poland still a democracy?
“From the history of the twentieth century we have learned that it is not enough to have parties and elections to be democratic countries. We have seen that it is not enough, that a limited democracy is dangerous. We know how it ended ».
The Disciplinary Commission is made up of judges, like you.
“It is very sad, they are our colleagues but they kill the independence of the judiciary. Perhaps these judges were marginalized, they did not have very brilliant careers, and when the government offered them glory, money and power they could not resist ».
Did you also undergo disciplinary proceedings?
“Five. But I’m not alone ».
And what would he do?
“I am a judge, I never criticize the government, but I have criticized the justice reform, and that was enough.”
And now?
«The Poles are decidedly pro-European, but the government game is very dangerous and could lead the country to look to the UK. I hope civil society is strong enough not to fall into the trap “. —
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