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Poland to be fined €1 million daily by EU for not suspending controversial 'disciplinary chamber'

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  • Posts: 0 [Deleted User]


    You need to understand when somebody doesn't want to engage with a disingenuous time sink. good night.



  • Posts: 0 [Deleted User]


    I think it's far more accurate to argue that there are errors on both sides.



  • Posts: 0 [Deleted User]


    Now, that's utter rubbish. The idea that there is such a separation between legislature and judiciary, and even if it ever existed previously, that it could be maintained after the development of democracy/government and the expansion of political power over the electorate or other institutions that were supposed to maintain any kind of independence..

    The moment after a country forms a democracy, politicians begin increasing and protecting their positions of power/influence. And it's not just politicians, but public servants that do that too. It's basic human nature. That's the same in every Western nation, and depending on the country in question, the effect has been greater or lesser, but it's still there nonetheless.

    The attempts by the EU to influence a nations internal policy is an extension of the power plays of the politicians, by taking power away from the electorate of that nation (or its public servants) and putting it in the hands of those who are not within the influence of that nations electorate.

    Which is why the referendums that chose entry to the EU didn't cover all of these implications, but for most, were about the joining of an economic zone. Most of these changes came after the people voted.. Sure, politicians had their hands in accepting the changes on behalf of the people.. but that simply comes back to the first point. The erosion of the electorates power in a democracy.

    It's a bit silly to be so blindly anti-EU to the point that you'd take Poland's side on this. It's real 'the enemy of your enemy is not always your friend' territory.

    Again.. criticism of EU policies is not automatically the same as being anti-EU. Nor should it ever be that way, otherwise democracy and western thought is dead, and we've all returned to an authoritarian system where criticism is squashed.

    I believe that European nations need an organisation similar to the EU. There are too many ways in which other continental powers, (whether it's Russia, China, the US, or the Arab states), can hurt Europe, through Trade or diplomacy. There needs to be an united European front. However, what the EU has evolved into.. I'm not quite sure that's what's needed, and in many ways, is actually causing quite a bit of harm to European nations. I still want the EU to be there... I simply want them moving in a different direction, with different aims.

    As for taking Poland's side on this... I haven't decided yet. I'm willing to see where it leads Poland before condemning them. I'd be of the opinion that many of the alternatives, that people seem to want to be pushing, haven't been working out that well either. So.. I'd wait and see. It's not as if this isn't something that couldn't be rolled back at a future date without too much trouble.



  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 37,934 CMod ✭✭✭✭ancapailldorcha


    So, no proof. The Commission is the EU's civil service and nothing more. This is just the usual Europhobic drivel I've heard countless times before.

    We sat again for an hour and a half discussing maps and figures and always getting back to that most damnable creation of the perverted ingenuity of man - the County of Tyrone.

    H. H. Asquith



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  • Moderators, Business & Finance Moderators Posts: 10,096 Mod ✭✭✭✭Jim2007


    First of all Irish judges interpreted the laws made in an Irish parliament. If you don’t like the laws talk to your TDs.

    If you indeed took any interest in Polish affairs you know that people are being denied rights that you have. But you have no interest in Polish affairs.

    I can’t find any substance at all to your comments.



  • Moderators, Business & Finance Moderators Posts: 10,096 Mod ✭✭✭✭Jim2007


    Being critical is not a problem, provided it is factual correct. You talk about Ireland being punished, OK who would that work? Under which provisions of the treaty could we be punished for failure to comply with something we had not signed up to?



  • Moderators, Business & Finance Moderators Posts: 10,096 Mod ✭✭✭✭Jim2007


    Right then describe to us the democratic process you think that allows you the right to remove an Irish government minister. I’m sure there are many people here wondering how the missed this one.

    Both line - you don’t get to define what democracy is or is not.



  • Posts: 0 [Deleted User]


    Honestly, I'd favour the EU taking action against both Hungary and Poland. They agreed to follow certain principles when they joined, violating them means that they should have sanction. Sort of telling which posters are leaping to defend countries that are taking steps towards totalitarianism and are frequently attacking the rights of their citizens.



  • Registered Users Posts: 339 ✭✭IAmTheReign


    This is just not true, the EU and it's precursor the EEC was never intended to be solely an economic organisation. The preamble of the EEC clearly describes that it's intent was to "preserve peace and liberty and to lay the foundations of an ever closer union among the peoples of Europe"


    In the interests of preserving peace and liberty the EU has basic rules regarding maintaining impartiality of the judicial systems of member countries, rules that Poland agreed to abide by when they joined the EU. The Polish government chose to ignore these rules and brought in laws that allowed for the government to exert pressure on the judicial system, clearly in violation of the concept of judicial impartiality, and the ECJ rightly ruled against them.



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  • Posts: 0 [Deleted User]


    The Minister was elected as a TD, that's the difference.

    Commissioners are unelected appointees who are the sole arbiters of proposing legislation for the EU.



  • Registered Users Posts: 16,585 ✭✭✭✭osarusan


    I thought it would have been fairly obvious from the context that I was talking about separation of legislature and judiciary for sitting judges.

    Definitely, how judges end up being judges will likely have some political element. In some places, like the US, it's often fairly nakedly partisan. Fortunately, it's much less so here.

    But once judges are in place, the idea that they are immune from government pressure is a central principle in separation of powers. The Irish Supreme Court ruled against the government last year. The UK Supreme Court did the same againt their government, and the government could do nothing about it. Again, even in the partisan US, we have Republican-elected judges ruling against Trump on various issues, to his apparently genuine disbelief that they will not simly do his bidding. So, no, the idea that there is a separation between legislature and judiciary is not 'utter rubbish'. It is, as I said, a fundamental part of the separation of powers.

    Poland has introduced a mechanism which clearly involves government pressure, and is designed to get judges to make rulings that the government likes. It's a weakening of the separation of powers, and is in its own way the very essence of authoritarianism.

    So it's weird how people (and posters on here) who (sometimes even correctly) accuse the EU of authoritarianism would think that Poland should be left alone to do something like this. These circumstances do make it seem like just a blindly Anti-EU stance to me.



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    And who nominates them to be commissioners?

    Those same TD’s who you elected to make these decisions.

    What isn’t democratic about that?



  • Posts: 0 [Deleted User]


    Come on....

    The Commissioners appointed were not elected.

    Those chosen to be ministers are selected from a pre-existing pool of democratically elected TDs.



  • Posts: 0 [Deleted User]


    I blame this thead on Civics not being taught properly in School.



  • Registered Users Posts: 3,338 ✭✭✭fergiesfolly


    The Taoiseach can appoint 11 people to the Senate and appoint 2 of those to cabinet positions. Hardly democratic, but I'm sure similar situations happen in many democratic institutions.



  • Registered Users Posts: 4,177 ✭✭✭Fandymo


    What happened when we democratically voted no to Nice and Lisbon??



  • Posts: 0 [Deleted User]


    And the Senate should be abolished for that reason, or at least become a democratically elected upper chamber.

    Two wrongs don't make a right.



  • Moderators, Sports Moderators Posts: 25,836 Mod ✭✭✭✭Podge_irl


    Our democratically elected government negotiated over the elements the electorate were unhappy about and then chose to see if those changes were sufficient by having a new referendum.

    Also anyone who equates political pressure with a lack of democracy is in for rude shock when they discover then entirety of international diplomacy.

    The EU are in a tough spot here, but allowing member states descent into a state where they have a compromised rule of law is quite obviously terrible for the bloc as a whole, which is also why there are clear rules against it that Poland were fully aware of when the signed up



  • Posts: 0 [Deleted User]


    The people were empowered to vote No but they had to be reminded that voting No had serious consequences for their wealth and future well being.

    It is not like BREXIT where the populace were lied to by a whole host of vested interests and once the vested interests got the result they wanted all opportunities to revisit the topic were denied to them even though it only then dawned on the public that they had been misled.



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  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 37,934 CMod ✭✭✭✭ancapailldorcha


    Why don't you inform me in your own words with sources.

    We sat again for an hour and a half discussing maps and figures and always getting back to that most damnable creation of the perverted ingenuity of man - the County of Tyrone.

    H. H. Asquith



  • Registered Users Posts: 578 ✭✭✭VillageIdiot71


    In fairness, the EU can only work if its laws trump domestic laws. For what it's worth, in the past I've found pro-EU Irish people who didn't quite get this reality - that EU law even trumps our Constitution, and that's what we've agreed to through in all the referenda we've voted in.

    That said, there is a disconnect between EU ambition and popular will. That's been a frequent theme through the development of the EU. And there's issues the EU really struggles to deal with coherently. It's one thing to set up a community that gives 500 million people reciprocal rights to live and work; then to see that weakly defended when it should mean exclusion of 7.4 billion people who don't reciprocate. That has to create pushback.

    https://www.theguardian.com/world/2021/oct/22/ursula-von-der-leyen-says-eu-will-not-fund-barbed-wire-and-walls



  • Registered Users Posts: 4,177 ✭✭✭Fandymo


    Did they? Amazing that, literally what changed in the Lisbon Treaty? I was under the impression, backed by the actual treaty document itself, that not a single word was changed in it, before the second vote.



  • Moderators, Sports Moderators Posts: 25,836 Mod ✭✭✭✭Podge_irl


    They addressed all the specific concerns that people enunciated as their reasons for voting no.

    https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2013_060_R_0129_01&rid=3



  • Site Banned Posts: 12,341 ✭✭✭✭Faugheen


    But they are nominated by elected representatives.

    The European Commission doesn’t just appoint whoever it wants. The member state’s government must nominate them first.

    Are you suggesting everyone nominated for every position by the government should be elected instead? Including senior civil servants, judges, DPP, Garda Commissioner, Ambassadors etc?

    No, you literally elect TD’s to make decisions like that. Our representative on the European Commission is no different.

    What you’re suggesting opens up a can of worms for no other reason other than you want to have a whinge about something.



  • Posts: 0 [Deleted User]


    EU, clear rules!?

    They break the rules when it suits them. Look at Croatia and Greece's accession to the EU, and how they were fast-tracked despite their being serious factors with their economic status and judiciary (among others). And after the financial crash, these issues certainly came home to Greece.



  • Posts: 0 [Deleted User]


    You cannot compare appointed Gardai with unelected Commissioners who have the sole right to propose legislation for half a billion people.

    At that high level of control, it's absolutely necessary to have 100% directly elected officials - or nothing at all.



  • Posts: 0 [Deleted User]


    What is the parliment for again?



  • Posts: 0 [Deleted User]


    The European Parliament is effectively impotent.

    They cannot propose legislation, and only exist to debate / approve legislation passed down to them by the unelected Commissioners.

    A joke of a "parliament".



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  • Moderators, Category Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 37,934 CMod ✭✭✭✭ancapailldorcha


    We sat again for an hour and a half discussing maps and figures and always getting back to that most damnable creation of the perverted ingenuity of man - the County of Tyrone.

    H. H. Asquith



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