Poland by Natalia Letki and Maciej A
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Poland by Natalia Letki and Maciej A. Górecki Capital: Warsaw Population: 38.5 million GNI/capita, PPP: US$20,260 Source: The data above are drawn from the World Bank’sWorld Development Indicators 2013. Nations in Transit Ratings and Averaged Scores 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Electoral Process 1.50 1.75 1.75 2.00 2.00 2.00 1.75 1.50 1.25 1.25 Civil Society 1.25 1.25 1.25 1.50 1.25 1.50 1.50 1.50 1.50 1.50 Independent Media 1.75 1.50 1.75 2.25 2.25 2.00 2.25 2.25 2.25 2.50 Governance* 2.00 n/a n/a n/a n/a n/a n/a n/a n/a n/a National Democratic Governance n/a 2.50 2.75 3.25 3.50 3.25 3.25 2.75 2.50 2.50 Local Democratic Governance n/a 2.00 2.00 2.25 2.25 2.00 1.75 1.75 1.75 1.75 Judicial Framework and Independence 1.50 2.00 2.25 2.25 2.50 2.25 2.50 2.50 2.50 2.50 Corruption 2.50 3.00 3.25 3.00 3.00 2.75 3.25 3.25 3.25 3.25 Democracy Score 1.75 2.00 2.14 2.36 2.39 2.25 2.32 2.21 2.14 2.18 * Starting with the 2005 edition, Freedom House introduced separate analysis and ratings for national democratic governance and local democratic governance to provide readers with more detailed and nuanced analysis of these two important subjects. NOTE: The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 1 representing the highest level of democratic progress and 7 the lowest. The Democracy Score is an average of ratings for the categories tracked in a given year. 428 Nations in Transit 2013 Executive Summary series of political controversies and scandals contributed to growing dissatisfaction with Polish political leadership and institutions in 2012. In A January, the right-wing Catholic television station TRWAM was denied a digital broadcasting license in what appeared to be a politically motivated decision by the National Council of Radio and Television (KRRiTV). Video footage released in July captured a conversation between a leading member of the ruling coalition’s Polish People’s Party (PSL) and the former head of the governmental Agriculture Market Agency (ARR), implicating the PSL-dominated ARR in offenses ranging from nepotism to mismanagement of the state-owned enterprises it oversees. The collapse of quasi-bank Amber Gold in August shook public confidence in the financial services industry and the institutions supposed to police it. In the fall, media revealed data on the surprising scale of surveillance activities by government agencies. Changes to the Law on Public Assembly in October and an aborted change to the Law on Access to Public Information were criticized for infringing upon civil liberties. In September, a website creator was sentenced under Article 135.2 of the criminal code, which penalizes defamation of the president. National Democratic Governance. Changes to the Law on Access to Public Information—including a controversial provision granting state bodies the right to withhold information when protecting “important state interests”—were struck down by the Constitutional Tribunal in April, on procedural grounds. Data unveiled during the year showed that surveillance of citizens and collection of sensitive information has increased in recent years. In October, Prime Minister Donald Tusk won a parliamentary vote of confidence he himself had requested in order to slap down criticism of the way he has handled Poland’s slowing economy. Poland’s national democratic governance rating remains unchanged at 2.50. Electoral Process. The next elections in Poland will be local elections and elections to the European Parliament in 2014. No changes to electoral legislation were made during the year. Poland’s electoral process rating remains unchanged at 1.25. Civil Society. In the name of forestalling violent clashes between competing demonstrations, the government passed an amendment to the Law on Public Assembly in October. Some nongovernmental organizations criticized the law for potentially hampering spontaneous political demonstrations. Overall, Polish citizenry and the nongovernmental sector remained extremely active in 2012, pushing back against perceived threats to their civil liberties and influencing policy decisions at the local and national levels. Poland’s civil society rating remains unchanged at 1.50. Poland 429 Independent Media. Polish news media are free and diverse, but operate under a legal framework that limits several forms of free expression. Political partisanship is a major feature of the media landscape, and was evident throughout 2012 in the actions of news outlets and media regulating bodies. In January, the right-wing Catholic television station TRWAM was denied a digital broadcasting license in what appeared to be a politically motivated decision by the National Council of Radio and Television (KRRiTV). In September, a website creator received a first- instance sentence under Article 135.2 penalizing the defamation of the president. In October, Poland’s Constitutional Court ruled that a person may be found guilty of offending religious sensibilities, even if the defendant did not “directly” intend to do so, potentially paving the way for broader use of Poland’s controversial blasphemy law. Poland’s independent media rating declines from to 2.25 to 2.50. Local Democratic Governance. The year witnessed efforts by a number of city councils to get citizens involved in policy design and monitoring. Local councils also continued to be effective in acquiring European funds and spending them on local infrastructure and environmental protection projects. The level of financial irregularities encountered by auditing bodies declined slightly in comparison to 2011, but local authorities limited public access to information on public spending. Poland’s rating for local democratic governance remains unchanged at 1.75. Judicial Framework and Independence. The Polish judicial system still suffers from deficiencies inherited from the communist era or produced by the irregularities of the transition period. Longstanding and recently adopted regulations limit freedom of expression and freedom of assembly, respectively. Poland’s judicial framework and independence rating remains unchanged at 2.50. Corruption. Poland has a well-developed network of institutions dealing with the problem of corruption. Nevertheless, corruption scandals remain a common feature of political life. Tapes released in the media in July implicated the Ministry of Agriculture and Rural Development in nepotism and mismanagement of European Union funds. Poland’s corruption rating remains unchanged at 3.25. Outlook for 2013. The economic slowdown will emerge as a major issue in 2013, further undermining citizens’ confidence in government. Constitutional Tribunal rulings on surveillance laws, including the practice of so-called “billing” (accessing information on phone and internet use), are due in 2013. With European Parliament and local elections scheduled for 2014, the coming year is likely to be dominated by covert but aggressive campaigning. A number of unresolved issues—including the Amber Gold case and the details surrounding the 2010 Smoleńsk crash—are likely to resurface in 2013, with the public demanding answers. The manner in which Polish legislative, executive, and judicial bodies conduct themselves in response will be crucial for the levels of citizens’ confidence in the system and its political elites. 430 Nations in Transit 2013 Main Report National Democratic Governance 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 n/a 2.50 2.75 3.25 3.50 3.25 3.25 2.75 2.50 2.50 In 2011, Donald Tusk of the Civic Platform (PO) party became the first prime minister in independent Poland’s history to be reelected to a second consecutive term. Since then, however, the popularity of Tusk’s center-right coalition government has visibly declined. Though Poland was the only country in the European Union (EU) to avoid recession throughout the economic crisis, the country’s economy slowed in 2012. The government pushed an agenda of difficult, long-postponed reforms, accelerating privatization and cutting the privileges of protected workers such as journalists, professors, police, and firemen. In May, the parliament finally approved the government’s plan to raise the retirement age to 67 for both sexes, prompting protests from trade unions and the center-left. In October, Prime Minister Tusk won a parliamentary vote of confidence he himself had requested as an opportunity to reassert his legitimacy in face of so much criticism. Against this backdrop, the year 2012 produced a series of political controversies and scandals that fanned the flames of acute political polarization within the country and contributed to growing dissatisfaction with Polish political leadership and institutions. In 2011, the Polish parliament introduced changes to the Law on Access to Public Information intended to improve access to information and harmonize Polish legislation with that of the EU. The bill was rushed through in an effort to meet a European Commission (EC) deadline and avoid a fine, though ultimately the government neglected to send word that the law had been passed and was fined, anyway. One specific element of the bill met with extensive criticism from nongovernmental organizations (NGOs) and opposition members of parliament (MPs) for giving state bodies the right to limit or deny access information when protecting “important state interests.” The provision was removed from the original bill but resubmitted in the upper house of parliament (the Senate) by Senator Marek Rocki after the bill’s initial acceptance in the lower house (the Sejm).