The European Union is battling Poland and Hungary over ‘illiberal’ policies

LONDON — A battle is raging at the heart of the European Union over accusations that its two most right-wing governments are subverting democratic principles and offering inspiration to populist parties across Europe.

The E.U. accuses Poland of undermining the entire 27-nation union by asserting that its domestic laws take precedence over shared European law. Poland is the first member state to do so, and E.U. leaders say the move threatens the very foundations of the bloc.

More than 100,000 people across Poland took to the streets in protest in response to a ruling from the country’s top court, which declared that judges can ignore certain European Union laws and rulings. Many fear this is an initial step toward “Polexit,” or Poland’s leaving the bloc like Britain did with “Brexit.” 

The E.U.’s feud with Poland is long-running and mirrors one it’s also fighting with nearby Hungary over the rule of law and President Viktor Orbán’s attempts to bring judges and courts under the control of his hard-line administration.

Both countries say they are simply acting in their national interests against a political elite that seeks to control member states.

How the E.U. fares in its fight with these two nations looks set to determine the future of democracy in Europe. And beyond Poland and Hungary, right-wing parties across the continent are tapping into public fears over immigration and identity. The huge protests on Oct. 10 across Poland came days after the country’s Constitutional Court ruled that Polish law had primacy in some areas, a direct challenge to the E.U., which requires all member nations to treat E.U. law as paramount.  

A heated session of the European Parliament on Tuesday saw both sides of the debate go head-to-head with strong words and warnings on both sides.

“This ruling calls into question the foundation of the European Union. It is a direct challenge to the unity of the European legal order,” Ursula von der Leyen, head of the European Commission, the E.U.’s executive body, told the Parliament.

“This has serious consequences for the Polish people,” she said. “Without independence of the courts, people have less protection and consequently their rights are at stake.”

Judges in Poland have been driven out of office without justification, she added, part of the judicial changes E.U. leaders have been criticizing for years.

The commission is considering a number of retaliatory steps, including challenging the Polish ruling, imposing financial sanctions worth billions of euros and pursuing the so-called Article 7 process, which ultimately could see Poland lose its E.U. vote.

Polish Prime Minister Mateusz Morawiecki then told the same session, to applause from Polish members of Parliament: “The very foundations of the E.U. is the principle of democracy, therefore we will not and must not remain silent when our country is being attacked in an unjust and partial way.”

He accused von der Leyen of “blackmail” by threatening sanctions, saying there is nothing improper in a national court deciding which areas…