Labour MEPs abstain on Poland court ‘paralysis’ resolution

The European Parliament on Wednesday passed a resolution in which MEPs denounced the “effective paralysis” of Poland’s top constitutional court, saying it posed a threat to democracy of the EU member state – although Labour MEPs sat on the fence when it came to voting for the resolution.

Since coming to power late last year, the eurosceptic Law and Justice party enacted a law increasing the number of judges required to make rulings on the Constitutional Tribunal and changing the order in which cases are heard.

Critics say the changes have made it difficult for judges to review new legislation, let alone challenge it. The court itself has struck them down as unconstitutional. The government has refused to recognize that ruling, effectively putting it in legal limbo.

But Labour MEPs Marlene Mizzi and Alfred Sant were among just five socialist MEPs who decided to abstain on the resolution in which MEPs said they were “seriously concerned that the effective paralysis of the Constitutional Tribunal in Poland poses a danger to democracy, human rights and the rule of law”.

The non-binding resolution passed with 513 votes for, 142 against and 30 abstentions.

The Socialists and Democrats group joined the European People’s Party in supporting the resolution, along with the Liberals, the Greens, and the European Left. Those voting against included the European conservatives, the far-right and Eurosceptic groupings.

Labour MEP Miriam Dalli was absent for the vote, while Nationalist MEPs Roberta Metsola, David Casa, and Therese Commodini Cachia supported the resolution.

The vote follows the European Commission launching a mechanism to establish whether the rule of law is under a systemic threat in Poland.

Opposition parties in Poland have been blamed by the government for lobbying for the vote in the European Parliament. “Perhaps for the first time we’re dealing with a situation when because of (Polish) opposition politicians’ denunciations the European Parliament has passed a legal act aimed against Poles, our nation,” the Polish government’s spokesman, Rafal Bochenek, told state news agency PAP.

The European Parliament called on the European Commission to advance its rule of law procedure should Warsaw not do that. The ultimate sanction, though unlikely, would be to strip Poland of its voting rights in the EU.