Introduction

Since its formation, one of the main aims of the European Union is to preserve unity among its member states and strengthen their cooperation. Lately, this task has become increasingly difficult with some of the members acting according to their own rules, violating the essential principles of the EU. It seems even more challenging for the European authorities to ensure order in the Union. For several years now, Poland counts among the countries that are currently in dispute with EU institutions. It appears that the conservative Polish government and its ruling pose a threat to the integrity of the EU. Additionally, they seem to be trying to gain more sovereignty and control over Poland’s position within the Union. The EU attempts to restore order, punish Poland, and urge it to obey the EU law, as it is obliged to do so as a member state. However, the fight seems to be complicated and tedious with the prolonged legal process and the necessity of involvement of all the EU member states in decision-making. 

Rule of law violation 

The rule of law represents one of the fundamental values of the European Union and is stated in Article 2 of the Treaty on European Union. It is also important for the “functioning of the EU as a whole, for example, with regard to the Internal Market; cooperation in the area of Justice and Home Affairs.” The European Commission, together with other institutions and the member states, supervises and guarantees the observance of EU law, values, and principles.^[1]

In Poland, the rule of law crisis developed after the victory of the conservative-nationalist party Law and Justice (PiS) in the 2015 parliamentary election. According to Vock, the goal of the party was to put an end to persisting communist influence on the judiciary. With the majority in the government, PiS succeeded in enacting several reforms, including changes in the Polish judiciary system. The party appointed five new judges into the Constitutional Tribunal, which decides on the constitutionality of laws, and consequently, assured its control over the court. After the judiciary reforms, the independence of the Constitutional Tribunal has been questioned.[2] “Polish law allows to subject ordinary court judges to disciplinary investigations, procedures and ultimately sanctions, on account of the content of their judicial decisions.”[3] PiS started to tilt other Polish courts to its side which graduated with the foundation of the Disciplinary Chamber as a body of the Supreme Court. The Chamber’s task is “to sanction judges, including for the content of their rulings. It can impose penalties ranging from pay cuts to dismissal.” [4] The independence of the judiciary is embedded in the rule of law, and therefore it is considered to be a violation of EU core values. 

The EU’s response

The alarming changes in the judiciary system in Poland led the European Union to take action. As Poland was failing in fulfilling its obligations towards the EU, the European Commission opened a dialogue with the Polish government in January 2016 under the Rule of Law Framework. Since there was no progress in the situation and with the pressure of some of the MEPs, the Commission activated the Article 7 of Treaty on EU in December 2017 which could suspend some of the EU rights from Poland.^[5] However, in order to take such measures, unanimity of all member countries is required, being likely to present an obstacle. 

In October, the Polish Constitutional Tribunal announced that some regulations and their interpretation through the European Court of Justice (ECJ) are not in compliance with the Polish constitution, and therefore, are not legally binding for Poland. With this, the Polish government challenged the supremacy of EU law and values.^[6] The statement was seriously condemned by the European Parliament with the urge on the Commission to defend the Union. The Parliament stressed that Polish Constitutional Tribunal had converted “into a tool for legalizing the illegal activities of the authorities”.^[7] Recently, the ECJ ruled that “the ability of the Polish government to appoint and remove judges from trials is in violation of EU law.”^[8]

The Union accuses PiS of politically interfering in the judicial system and violating EU law. The European Commission endeavors to discipline Poland by withholding the EU coronavirus recovery plan, including €36 billion in grants as the Polish investment proposal has not yet been approved.[9] The EU efforts to stop Poland’s behavior were also supported by the new “rule of law” mechanism that could detain funds from member states that do not comply with their commitments towards the EU. Subsequently, Poland and Hungary appealed to the ECJ which is bound to review the subject first.[10] In October, the ECJ ordered Poland a daily fine of one million euros for not fulfilling the EU obligations.[11] Polish prime minister Morawiecki criticized the use of financial blackmail and the threats of sanctions, especially in the midst of the COVID-19 pandemic.[12] The dispute between EU institutions and the Polish government continues and the results of the battle appear to remain unclear. 

The seemingly controlled Polish judiciary by the conservative government is also reflected in the everyday life of Polish citizens. According to the European Parliament, the recent strict abortion laws in Poland could be considered an example of the “political takeover of the judiciary and the systemic collapse of the rule of law.”^[13]

Conclusion

Amid the pandemic, the European Union is being forced to handle another problem concerning its unity. Poland, an EU member state, is violating the rule of law and the core values of the EU which upsets the rest of the members and dismantles the European cohesion. The Polish government ruled by the Law and Justice Party fills EU institutions with indignations by their desire for more freedom and sovereignty within the EU. The controversial judiciary reforms that undermine the independence of the judiciary and interfere with the EU law, and the Constitutional Tribunal’s recent condemnation of EU supremacy, are some of the main reasons that make the EU uneasy about Poland. European institutions threaten Poland with sanctions, financial holding, and other possible disadvantages in order to stop the violations. Nevertheless, the means appear to be not yet sufficient enough to prevent the Polish government to revoke its efforts. The political power over the Polish judiciary might not be dangerous only for the EU, but also for the citizens of Poland who face newly adopted laws, such as the strict law on abortion. The future of this dispute remains uncertain. However, the EU should probably enforce more efficient measures to prevent other violations that could threaten its future unity. The question arises whether it is the EU’s insufficient means or lack of determination that the progressive results are still absent. 

References:

^[1]“Rule Of Law: European Commission Launches Infringement Procedure To Protect Judges In Poland From Political Control,” European Commission, Press Release, April 3, 2019. https://ec.europa.eu/commission/presscorner/detail/en/IP_19_1957.

^[2] Ido Vock, “Dispatch: Poland Is No Longer A Democracy, Claim Rule Of Law Activists,” The New Statesman, November 5, 2021, https://www.newstatesman.com/world/europe/2021/11/dispatch-polands-rule-of-law-crisis-deepens-with-fears-for-its-democracy.

^[3] „Rule Of Law“, European Commission.

^[4] Vock, “Dispatch: Poland No Longer a Democracy.”

^[5] „Rule Of Law“, European Commission.

^[6] Benedikt Gremminger, “Rule Of Law Crisis In Poland – What Comes Next?” The New Federalist, November 28, 2021, https://www.thenewfederalist.eu/rule-of-law-crisis-in-poland-what-comes-next?lang=fr.

^[7]“Poland: Constitutional Tribunal Is Illegitimate, Unfit To Interpret Constitution,” European Parliament, Press Release, October 21, 2021. https://www.europarl.europa.eu/news/en/press-room/20211015IPR15016/poland-constitutional-tribunal-is-illegitimate-unfit-to-interpret-constitution. 

^[8] “EU’s top court says Polish rules on appointing judges violate EU law,” DW, November, 16, 2021. https://www.dw.com/en/eus-top-court-says-polish-rules-on-appointing-judges-violate-eu-law/a-59833245.

^[9] Piotr Skolimowski, “Poland, Hungary Likely to Miss EU Recovery Funds in 2021,” Bloomberg, December 7, 2021, https://www.bloomberg.com/news/articles/2021-12-07/poland-likely-to-miss-out-on-eu-pandemic-aid-payments-this-year?fbclid=IwAR2OrHGOeh2sw1AO9gFAv7T3pgE1E06sjbhp9Gp7YnE-4lq58IuEizQuJDE.

^[10] “European Court Of Justice Likely To Dismiss Poland, Hungary ‘Rule-Of-Law’ Challenge,” DW, December 2, 2021. https://www.dw.com/en/european-court-of-justice-likely-to-dismiss-poland-hungary-rule-of-law-challenge/a-59995286.

^[11] Gremminger, „Rule Of Law Crisis.“

^[12] “Europe’s Week: Poland In Spotlight Over EU Rule Of Law,” Euronews, Updated October 25, 2021, https://www.euronews.com/2021/10/22/europe-s-week-poland-in-spotlight-over-eu-rule-of-law.

^[13] “Poland: No More Women Should Die Because Of The Restrictive Law On Abortion,” European Parliament, Press Release, November 11, 2021, https://www.europarl.europa.eu/news/en/press-room/20211108IPR16844/poland-no-more-women-should-die-because-of-the-restrictive-law-on-abortion.

Works Cited:

1. DW. “European Court Of Justice Likely To Dismiss Poland, Hungary ‘Rule-Of-Law’ Challenge.” December 2, 2021. https://www.dw.com/en/european-court-of-justice-likely-to-dismiss-poland-hungary-rule-of-law-challenge/a-59995286. 
2. DW. “EU’s top court says Polish rules on appointing judges violate EU law.” November, 16, 2021. https://www.dw.com/en/eus-top-court-says-polish-rules-on-appointing-judges-violate-eu-law/a-59833245. 
3. Euronews. “Europe’s Week: Poland In Spotlight Over EU Rule Of Law.” Updated October 25, 2021. https://www.euronews.com/2021/10/22/europe-s-week-poland-in-spotlight-over-eu-rule-of-law. 
4. European Commission. “Rule Of Law: European Commission Launches Infringement Procedure To Protect Judges In Poland From Political Control.” Press Release. April 3, 2019. https://ec.europa.eu/commission/presscorner/detail/en/IP_19_1957.      
5. European Parliament. “Poland: Constitutional Tribunal Is Illegitimate, Unfit To Interpret Constitution.” Press Release. October 21, 2021. https://www.europarl.europa.eu/news/en/press-room/20211015IPR15016/poland-constitutional-tribunal-is-illegitimate-unfit-to-interpret-constitution. 
6. European Parliament. “Poland: No More Women Should Die Because Of The Restrictive Law On Abortion.” Press Release. November 11, 2021. https://www.europarl.europa.eu/news/en/press-room/20211108IPR16844/poland-no-more-women-should-die-because-of-the-restrictive-law-on-abortion. 
7. Gremminger, Benedikt. “Rule Of Law Crisis In Poland – What Comes Next?” The New Federalist, November 28, 2021. https://www.thenewfederalist.eu/rule-of-law-crisis-in-poland-what-comes-next?lang=fr.  
8. Skolimowski, Piotr. “Poland, Hungary Likely to Miss EU Recovery Funds in 2021.” Bloomberg, December 7, 2021. https://www.bloomberg.com/news/articles/2021-12-07/poland-likely-to-miss-out-on-eu-pandemic-aid-payments-this-year?fbclid=IwAR2OrHGOeh2sw1AO9gFAv7T3pgE1E06sjbhp9Gp7YnE-4lq58IuEizQuJDE. 
9. Vock, Ido. “Dispatch: Poland Is No Longer A Democracy, Claim Rule Of Law Activists.” The New Statesman, November 5, 2021. https://www.newstatesman.com/world/europe/2021/11/dispatch-polands-rule-of-law-crisis-deepens-with-fears-for-its-democracy. 

The significance of evaluating controversial remnants of the past and an accompanying greater emphasis on political correctness are resonating through contemporary society. There are different forms of dealing with the dark side of the past – in many countries, the focus stands on their colonial legacy and their connection to slavery and the slave trade. For example, the results of modern debates often lead to some of the statues of significant historical figures being removed, replaced, or relocated, and their deeds being labeled controversial and often downplayed. As a consequence of globalization and the increasing power of social media, it is easier to address minority struggles in the 21^st century, as they are more apparent and discussed. The questions concerning colonial past and political correctness are in ferment also in the Netherlands, especially when related to the children’s feast of Saint Nicholas (Sinterklaas) and the figure of Black Pete (Zwarte Piet) associated with it. 

The tradition of Sinterklaas 

The celebrations of Sinterklaas can be considered to be the most important children’s holiday in the Netherlands. The tradition of Sinterklaas has a long history, dating back to the Middle Ages. Historically, Saint Nicholas has always been accompanied by various helpers, commencing with the chained demon, and ending with Zwarte Piets.^[1] According to the tradition, Sinterklaas arrives to a Dutch port on a steamboat in mid-November, escorted by his helpers – Piets. During the following days, they travel through the whole country, appearing in various parades, schools, shopping centers or children’s clubs. The celebrations continue until December 5^th, when Sinterklaas and Piet visit houses and give presents to children.^[2]  

The history of the character of Zwarte Piet is blurry. The first mention of his personality is found in a children’s book dating back to 1850s: Sint Nicolaas en zijn knecht (Saint Nicholas and his valet) by Amsterdam schoolteacher Jan Schenkman. At the time, the book increased popularity of the Sinterklaas festival since it referred to traditional family values and patriarchal social perceptions. The story is partially responsible for the contemporary conservated form of the Sinterklaas tradition, which includes the figure of Zwarte Piet as he accompanies Sinterklaas on his journey from Spain to the Netherlands. In Schenkman’s story, the character of Zwarte Piet receives a certain image. The book’s illustrations depict him as a dark-skinned boy with colorful clothing, emulating a Moorish page. Piet’s personality has changed with time. Until 1950s, his role was to intimidate and punish naughty children with a rod or a sack in which he would carry them back to Spain. During 1960s, his character adjusted to the global social changes, and Zwarte Piet became a silly, witty, and clumsy helper of Sinterklaas and a friend to all children.^[3] The numbers of Piets at the festival multiplied during that period.^[4]  

The debate over Zwarte Piet

The figure of Zwarte Piet is a subject of contention in the Netherlands, dividing Dutch people into two camps: the defenders of an old and joyful tradition for children and those who consider it racist, regarding it as a legacy of the colonial past, inextricably intertwined with slavery. Until recently, a person dressed traditionally as Zwarte Piet used to wear blackface with red lips, a curly black wig, colorful clothes and hoop earrings, which could remind one of the mocking minstrel shows dominating in 19^th century America.^[5] Opponents of the tradition have mostly criticized the traditional Piet’s appearance and considered it inappropriate and racist. 

The character of ‘Black Pete’ sparks disagreement internationally, deemed to be insulting and dehumanizing towards people of color. Arguments against his visual appearance often stress the conserved stereotype and the blackface which was used historically as a means to mock and humiliate people. They also tend to claim that the color of Piet creates bias in the society which sometimes leads to everyday racism, even though mostly unintentionally. There are cases when people of color, including children, face discrimination and bullying, being called Zwarte Piets.^[6]  

On the other hand, the defenders believe it to be an innocent tradition for children and an integral part of Dutch culture. As the tradition is often called racist, those in favor of it try to find different explanations for the appearance of Piet. One of the possible reasons for his black face appears to be his journey through the chimney to bring presents for children. However, this statement does not cover other Piet’s attributes, such as an Afro and red lips. There are many arguments refuting the racism label: some people reason that Zwarte Piet brings joy to children and has no racist intentions, they consider his character misinterpreted and misunderstood.^[7] For many Dutch people, it is still hard to imagine the Sinterklaas celebrations without Zwarte Piet.^[8]

The discussion on Zwarte Piet began in the 1960s but intensified in the 2010s with the campaign Kick Out Zwarte Pietled by two artists and activists, Quinsy Gario and Jerry Afriyie, who initiated regular demonstrations against the tradition. After ten years of the campaign, the debate is still not settled. However, many fundamental changes have taken place concerning the essential part of the Sinterklaas celebrations: the character of Piet.^[9]

Changing the tradition 

During the past ten years, mainly due to the constant pressure and commotion from the opponents of the tradition, large cities in the Netherlands started to officially forbid Zwarte Piets during the public celebrations. There has been a shift towards a different portrayal of Piets – the blackface Piet has been replaced by yellow, rainbow, grey versions or, probably the most popular so far, ‘Sooty Piet’. Since 2019, Sooty Piets have been adopted in the famous Dutch TV program Sinterklaasjournaal and in Amsterdam, and the blackface has begun to disappear from other cities and platforms.^[10] Recently, several shops and companies, such as Facebook, Google, and Amazon decided to ban content representing and promoting the character of Zwarte Piet.^[11]

The support of traditional Zwarte Piets has partially been diminished as a consequence of the expansion of the Black Lives Matter movement in connection with the events in the USA during 2020. The percentage of advocates of traditional Zwarte Piet dropped from 65 percent to 39 percent in 2020, according to the I&O Research.^[12] Even the stand of the current prime minister of the Netherlands Mark Rutte has shifted. In 2014, he publicly announced that ‘Black Pete’ is black, not green nor brown, and that he could not change it. Then, in 2020, he admitted that some dark-skinned people might feel discriminated because of this tradition, especially children, which is the last thing he wanted to promote during the Sinterklaas celebrations. He also confirmed that there are certain people who are viewed and judged rather as a group than as individuals. According to his words, Zwarte Piet could almost completely vanish in the nearest future.^[13]  

Nevertheless, there are still some people that do not agree with the adjustments and prefer the old tradition with Zwarte Piet. The right-wing, anti-immigration, and anti-Islamist group Pegida is one of the advocates for maintaining the traditional appearance of Piet, organizing pro-Zwarte Piet counter-protests. It means that although some fundamental changes were made, the debate on Zwarte Piet is still not over. Jerry Afriyie, the current leader of the Kick Out Zwarte Piet movement, appreciates the shift to Sooty Piets but claims that even this image might be improper. According to him, “the problem is [that] white people are deciding what is racist, and it is not up to them to decide, it is up to Black people to say what is racist.”^[14]

In my opinion, the adjustments to the tradition are significant and show that many people care about equality and solidarity. However, there is still a certain restraint in recognizing the colonial past and connections to slavery, and their subsequent influence on Zwarte Piet.^[15] Dutch people should open the discussion on this rather painful topic to be able to keep pace with the contemporary progressive world. After all, most children do not care about the skin color of Piet. Perhaps, Sooty Piet could turn into just ‘Piet’ in several years. As long as the most important thing remains – that the character of Piet brings joy to all children regardless of their origin and race – it is likely that the tradition will survive.  

References:

^[1] Brin Andrews, “Zwarte Piet: the full guide to the Netherlands’ most controversial tradition,” Dutch Review, November 12, 2021, https://dutchreview.com/culture/zwarte-piet-explainer/.    

^[2] Koen Lemmens, “The dark side of ‘Zwarte Piet’: A misunderstood tradition or racism in disguise? A legal analysis,” The International Journal of Human Rights 21, no. 2 (January 2017), https://www.tandfonline.com/doi/full/10.1080/13642987.2016.1276448, pp. 121.

^[3] Lemmens, “The dark side of ‘Zwarte Piet’, pp. 123–124. 

^[4] Andrews, “Zwarte Piet: the full guide.”

^[5] Emily Raboteau, “Who Is Zwarte Piet? A holiday tradition in the Netherlands involving blackface has sparked a debate about race, the legacy of slavery, and the vestiges of colonialism,” The Virginia Quarterly Review 90, no. 1 (Winter 2014), https://www.jstor.org/stable/44714080, 146.  

^[6] Andrews, “Zwarte Piet: the full guide.”

^[7] Ibid. 

^[8] Raboteau, “Who Is Zwarte Piet?”, 153.  

^[9] Andrews, “Zwarte Piet: the full guide.”

^[10] “Sooty Piets take over, blackface out of favour in most towns and cities,” Dutch News, published on November 9, 2021, accessed on November 21, 2021, https://www.dutchnews.nl/news/2021/11/soot-piets-take-over-blackface-out-of-favour-in-most-towns-and-cities/.   

^[11] Andrews, “Zwarte Piet: the full guide.”

^[12] Sarah O’Leary, “Support for Zwarte Piet drops significantly, new survey finds,” Dutch Review, December 2, 2020, https://dutchreview.com/news/zwarte-piet-support-drops/.

^[13] “Dutch prime minister tells MPs he has ‘changed his views’ on Zwarte Piet,” Dutch News, published on June 5, 2020, accessed on November 21, 2021,  https://www.dutchnews.nl/news/2020/06/dutch-prime-minister-tells-mps-he-has-changed-his-views-on-zwarte-piet.   

^[14] Micah Garen, Marie-Helene Carleton, and Justine Swaab, “Black Pete: Is time up for the Netherlands’ blackface tradition?” Aljazeera, December 4, 2020, https://www.aljazeera.com/features/2020/12/4/the-netherlands-black-pete.   

^[15] Andrews, “Zwarte Piet: the full guide.”

Works Cited:

1. Andrews, Brin. “Zwarte Piet: the full guide to the Netherlands’ most controversial tradition.” Dutch Review, November 12, 2021. https://dutchreview.com/culture/zwarte-piet-explainer/.   
2. Dutch News. “Dutch prime minister tells MPs he has ‘changed his views’ on Zwarte Piet.” Published on June 5, 2020. Accessed on November 21, 2021.  https://www.dutchnews.nl/news/2020/06/dutch-prime-minister-tells-mps-he-has-changed-his-views-on-zwarte-piet.  
3. Dutch News. “Sooty Piets take over, blackface out of favour in most towns and cities.” Published on November 9, 2021. Accessed on November 21, 2021. https://www.dutchnews.nl/news/2021/11/soot-piets-take-over-blackface-out-of-favour-in-most-towns-and-cities/.  
4. Garen, Micah; Marie-Helene Carleton and Justine Swaab. “Black Pete: Is time up for the Netherlands’ blackface tradition?” Aljazeera, December 4, 2020. https://www.aljazeera.com/features/2020/12/4/the-netherlands-black-pete.
5. Lemmens, Koen. “The dark side of ‘Zwarte Piet’: A misunderstood tradition or racism in disguise? A legal analysis.” The International Journal of Human Rights 21, no. 2 (January 2017), https://www.tandfonline.com/doi/full/10.1080/13642987.2016.1276448.
6. O’Leary, Sarah. “Support for Zwarte Piet drops significantly, new survey finds.” Dutch Review, December 2, 2020. https://dutchreview.com/news/zwarte-piet-support-drops/.
7. Raboteau, Emily. “Who Is Zwarte Piet? A holiday tradition in the Netherlands involving blackface has sparked a debate about race, the legacy of slavery, and the vestiges of colonialism.” The Virginia Quarterly Review 90, no. 1 (Winter 2014), pp. 142-155. https://www.jstor.org/stable/44714080.