EU groups call for “full-scale observation” of Polish elections amid concerns over “democratic standards”

The main groups in the European Parliament have jointly called for “full-scale observation” of this year’s parliamentary election in Poland due to concerns that they “might not be held to the highest democratic standards”.

They point to recent laws in Poland that change the electoral code and create a new commission with the power to ban officials from public office – both of which are seen as designed to help the ruling Law and Justice (PiS) party’s re-election bid – as well as longer-standing concerns over judicial independence and media freedom.

The concerns are outlined in a letter to the director of the Organization for Security and Co-operation in Europe (OSCE) by the leaders of five of the seven groups that sit in the European Parliament, ranging from the left to centre-right and which together account for over 75% of the body’s members.

They note that, at the last Polish parliamentary elections in 2019, the OSCE sent a limited observation mission to Poland. Its report found that “media bias” and “intolerant rhetoric” had “adversely impacted the opportunity of voters to make an informed choice”.

The use of public funds by state officials during the campaign had also “blurred the line between state and party”, the OSCE found, while concerns were raised about the secrecy of voting and the impartiality of prosecutors in adjudicating election disputes.

Similar concerns were expressed by OSCE observers in their report on the 2020 presidential elections in Poland.

In their letter, which was sent yesterday, the European Parliament leaders call on the OSCE to send a full-scale, rather than limited, observation mission to this year’s parliamentary elections in Poland, which are due to take place in the autumn.

“We come from different political groups and from different countries, but we all share the concern that the elections might not be held to the highest democratic standards,” write the leaders, who then outline “further seriously worrying developments” since Poland’s last elections.

They note, for example, changes to the electoral code introduced in March this year that increase the number of polling stations in rural areas and require local authorities to provide free transport on polling day for elderly and disabled people.

While those changes have been justified by PiS as a way to strengthen the democratic process by helping more people to vote, the opposition – which voted against the measures – says they are intended to boost turnout among rural and older voters who disproportionately support PiS.

The European Parliament leaders also expressed concerns that the new rules could jeopardise the secrecy of voting by allowing individuals to film the whole election process with private phones and that a new 24-hour deadline for counting votes abroad could disenfranchise overseas voters.

They then outline a second concern: a bill passed by the PiS majority in the Sejm, the lower house of parliament, and signed into law by President Andrzej Duda this month that creates a commission to investigate Russian influence in Poland.

The commission – whose members will be chosen by the Sejm – is empowered to ban individuals it deems to have acted under Russian influence from public office for up to ten years.

The law has received criticism from the United States and European Commission, who say it could be used to undermine the opposition during this year’s election campaign. Those concerns were echoed by the European Parliamentary leaders in their letter to the OSCE.

Last week, in response to such criticism, Duda proposed changes to the Russian influence commission’s powers and composition. But his ideas have not yet been considered by parliament and the legislation initially signed by the president remains in force.

Finally, the European Parliament leaders warn that, in addition to the recently passed laws, “the structural lack of independence of the judiciary and media landscape will further threaten the integrity of the upcoming elections”.

They note that the chamber of the Supreme Court empowered to rule on electoral disputes is filled completely with judges nominated by the National Council of the Judiciary (KRS) after it was overhauled by the PiS government.

Those changes – which gave politicians rather than judges power over choosing most members of the KRS – have been found by various Polish and European court rulings to render the KRS and the judges nominated by it illegitimate.

PiS, however, rejects such accusations, arguing that its judicial reforms have been both lawful and necessary to make the judiciary more accountable.

The European Parliament leaders also point to concerns that the politically appointed broadcasting regulator is being used to pursue outlets critical of the ruling party, such as in the case of a recent fine issued against a leading radio station.

They note that state-owned companies have directed advertising money towards media outlets supportive of the government and away from those that are more critical. And they point to the government’s alleged use of spyware against opposition figures (an accusation the government denies).

“Against this background, we think it would be crucial to follow all key aspects of the Polish electoral process through a full-scale [observation] mission,” concludes the letter to the OSCE.

It is signed by the head of the European People’s Party, the Progressive Alliance of Socialists and Democrats, Renew Europe, the Greens/European Free Alliance and The Left. The only groups not to sign it are the European Conservatives and Reformists, to which PiS belongs, and the far-right Identity and Democracy.

Main image credit: CC-BY-4.0: © European Union 2022– Source: EP

Daniel Tilles

Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.