Risky Polish spending plans will boost PiS support

Subject The PiS government's first four months. Significance Politics is deeply polarised; the right-wing Law and Justice (PiS) government's opponents accuse it of undermining democracy and the rule of law, concerns echoed by the European Commission. Its costly social spending pledges appeal to Poles frustrated that they have not shared in economic growth. Impacts PiS welfare policy will support low-income families, particularly those outside the large urban centres. With no elections due until 2018, the government's position is stable, and it should have no problems passing its legislative programme. The rule-of-law dispute with the Commission will cost the government time and political capital responding to international criticisms.

Significance Moody's may cut Poland's credit rating because of the government's controversial changes to the constitutional court, the agency has warned. The European Commission continues to put pressure on the right-wing Law and Justice (PiS) party to repeal legislation that changes the court's composition and working practices, triggering protests and prompting accusations of anti-democratic behaviour. However, Poland's financial markets have been rallying, even as the stand-off has intensified. Signs that the government favours a less aggressive restructuring of Swiss franc mortgage loans are also buoying sentiment. Impacts Sentiment towards EMs will still be fragile, thanks to significant uncertainties. Uncertainties centre on the oil price outlook, US monetary policy and, crucially, central banks' ability to stabilise markets. Concerns about a UK exit from the EU could begin to weigh on CE currencies if markets anticipate higher risk of an 'out' vote on June 23.


Significance On October 16, Daphne Caruana Galizia, a Maltese journalist, was killed in a car bombing outside her home. Her murder has renewed concerns about law and order, democracy and press freedom in Malta. As international condemnation grows, Prime Minister Joseph Muscat is coming under pressure to demonstrate that state institutions are capable of protecting and enforcing these values in a manner consistent with European norms. Impacts The right-wing Nationalist Party has used the murder to attack the government for a breakdown in the rule of law and democratic process. However, divided and weak since the last elections, the Nationalists will probably fail to convert the tragedy into political gain. The murder has thrust Malta’s state institutions and legal frameworks into the international spotlight. There is pressure on the police to apprehend the culprits and public demands for the police commissioner to resign.


2018 ◽  
Vol 64 (4) ◽  
pp. 583-599
Author(s):  
Zoltán Fleck

In 2018 the populist right-wing authoritarian Fidesz, after eight years of dismantling the rule of law and democracy, won the parliamentary election by two-thirds, in a greatly unfair election. The release from authoritarianism through elections organized by the authoritarian forces is unlikely. Due to the lack of an effective counterbalance for the government, this political situation undoubtedly affects the judiciary, as well as the entire construction of the rule of law from several perspectives. This contribution thoroughly analyses the mechanisms that were instrumental in making the non-rule of law situation, as well as the reasons for this perplexing situation, with particular emphasis on the general peculiarities of the new Hungarian authoritarianism. In its concluding chapter, the article discusses the changes of the judicial structure in Hun-gary, in particular. In this respect, the development in Hungary has been characterized by continuous failure, and periodic setbacks.


Significance The new government will have only 34 of the 179 seats, because policy differences among the right-wing parties, and the political strategy of the electorally strengthened anti-immigration, Euro-sceptic Danish People's Party (DF), mean DF will remain outside. Policy-making will be difficult. The government will be more economically liberal and pro-EU than it would have been with DF, but to make policy it will rely on partners across the political spectrum, especially the ousted Social Democrats -- who remain the largest party -- and DF. Impacts If DF is seen as a welfarist protector of ordinary citizens, it is more likely to repeat, at least, its 22% vote in the next election. The much-tighter immigration regime which is in prospect could taint Denmark's image and make it less attractive to foreign investment. The new government is likely to be an ally for much of UK Prime Minister David Cameron's EU reform agenda.


Significance The draft law was presented by Labour Minister Myriam El Khomry in late February and aims at introducing more flexibility in France's rigid labour market. The government has led a promotional campaign in favour of the reform, against a backdrop of opposition from trade unions, students and public opinion. Valls has watered down the most controversial proposals but even in its current state the proposed reform would be a significant step forward. Impacts The government will need to assemble a diverse majority spanning the centre-left to the centre-right in order to pass the draft law by July. Reformist trade unions support the revised version of the law but more militant unions maintain their opposition. The right wing and the main employer association oppose the revised draft which they consider not favourable enough to companies.


Significance The Law and Justice (PiS) government has already enacted a bill changing the appointment system for the National Council of the Judiciary and another bill makes the justice minister solely responsible for selecting heads of district and appeal courts. After almost two years in power, the government is defying its critics and remains surprisingly strong and stable. It enjoys high popular support, presides over vigorous economic growth and has a stable working majority. Impacts Relative political stability and favourable economic conditions will encourage investors in the short-to-medium term. Concerns over the rule of law, especially judicial independence, may undermine Poland's long-term position. Growing political isolation will make it hard for Poland's voice to be heard in debates about the EU's future after Brexit.


2019 ◽  
Vol 2 (2) ◽  
pp. 175
Author(s):  
Hamdan Siregar

The State of the Republic of Indonesia is a legal state which is contained in Article 1 Paragraph (3) of the 1945 Constitution, in the rule of law, the power in running the Government based on the rule of law, in Indonesia there have been many cooperation agreements in the field of plantation, in the establishment of plantation based on the principle legal certainty to protect the parties in the cooperation agreement between BUMD and PT.MTL where in the plantation management agreement is not running smoothly, causing conflict between the community with PT.MTL party. Based on the above issues, what is the legal relationship between the parties in the oil palm plantation cooperation agreement, how is the legal effect on the community rights in the oil palm plantation cooperation agreement, how is the legal protection of the community within the palm oil plantation agreement. This research is juridical sociological with the nature of research is descriptive analytical. Processing is done by editing and then analyzed by using qualitative analysis methode. From the result of the research, it can be concluded that (1) the occurrence of civil relation between the parties based on the cooperation agreement between BUMD and PT.MTL and letter of land delivery between the community and BUMD (2) due to law on community land in this cooperation agreement the transition of rights, from public property rights to State land. (3) the absence of legal protection of community land that has been submitted to the BUMD to be granted the Right to Use Enterprises


2019 ◽  
Vol 10 (2) ◽  
pp. 144-157
Author(s):  
Miftahul Ulum

Mahfud MD states that the Pancasila State is a constitutional state and is final, even in terms of religious/fiqh law can be declared valid and correct. The results of the ijtihad of the ulama of ushul fiqh also mentioned that the choice of national law based on the Pancasila and the 1945 Constitution of the Republic of Indonesia was the right choice and was recognized syara'. Indonesia's legal state also accepts the spiritual value of religious law. Written law and all procedural provisions (rechtsstaaf) are accepted but must be put in order to uphold justice (the rule of law). Written provisions that prevent justice can be abandoned. This is confirmed in the provisions of Article 24 paragraph (1) of the 1945 Constitution which states that the function of the judicial authority is to enforce law and justice, and Article 28D paragraph (1) concerning the right to obtain legal certainty and Article 28H that the law must be built on the basis of justice benefits. Jurisprudence law with national law has the same substance in maintaining and encouraging the development of a legal system based on social justice and public benefit (al-manfa'ah al-ammah) as has also been voiced and championed by the founders of the state when they are compiling the state ideology, namely Pancasila. Those who are predominantly Muslim have an open attitude to respect and accommodate the interests of other faith groups and religions. Abdurrahman Wahid also emphasized that the founders of the nation (such as Ki Bagus Hadikusumo, Abdul Wahid Hasyim, Kahar Mudzakkar, Agus Salim, and Ahmad Subardjo) who were experts in the field of Jurisprudence had absorbed and adopted the principles and objectives of fiqh law that had a value of justice, benefit, humanity and shura in the Pancasila state system.


Subject European Commission concerns about the rule of law in Poland. Significance The Commission has sent a formal Opinion to the Polish government, activating the first stage in the EU's 'Rule of Law Framework'. It expresses concerns about respect for the rule of law in Poland (a fundamental founding value of the EU), and in particular about the Polish government's handling of the crisis over the Constitutional Tribunal (TK, for Trybunał Konstytucyjny) Impacts Poland's EU position is likely to suffer as a result of the dispute, making it more difficult for it to achieve other political goals. Polish politics will remain unsettled and polarised, with the opposition using the Commission's Opinion to challenge the government. Legal uncertainty may translate into lower investment by individuals and enterprises dampening economic growth in the medium-to-long term.


the wishes of the Government expressed in the form of legislation, or the extent to which it can interfere with the pursuit of those wishes. Until now it has been a commonplace of political thought that although the United Kingdom might not have a written constitution its unwritten constitution was nonetheless based on fundamental principles. Amongst these principles were the sovereignty of Parliament and the Rule of Law. The centrality within the United Kingdom constitution of the doctrine of Parliamentary sovereignty has traditionally meant that Parliament can make such law as it determines, but the validity of such an interpretation has been questioned by some. The justifications for such challenges to absolute Parliamentary sovereignty are based on the United Kingdom's membership of both the European Union and the Council of Europe with the implications of higher authorities than Parliament, in the former's legislation and the latter's endorsement of inalienable individual rights. As for the Rule of Law, although it is a notoriously amorphous concept, it has provided the courts with scope for challenging the actions of the executive and, indeed, to a more limited degree, the legislature. The mechanism through which the courts have previously exercised their burgeoning constitutional and, by definition, political role is judicial review by means of which they have asserted the right to subject the actions and operations of the executive to the gaze and control of the law in such a way as to prevent the executive from abusing its power. However, such power has been greatly extended by the enactment of the Human Rights Act (HRA) 1998. The Act only came into effect in October 2000 so the question remains as to how the courts will use the powers given to them under that Act. The remaining articles in this chapter will consider the wider political context within which the judiciary operate as well as focusing on the Rule of Law and the HRA 1998. In an article 'Law and democracy', published in the Spring 1995 edition of Public Law, Sir John Laws, Justice of the High Court, Queen's Bench Division, considered the appropriate role of judges within the constitution from the perspective of the judge (footnotes omitted).

2012 ◽  
pp. 54-65

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