To be sure, things are looking up for the conservative nationalist. Under President Barack Obama, the United States joined the EU in criticizing the weakening of the rule of law in Poland. His successor, Donald Trump, is more likely to give a pass to Kaczyński, a fellow anti-establishment nativist.
Yet Europe has plenty of tools it could use to help Poles resist a dismantling of their liberal democracy without having to resort to the implausible “nuclear weapon” of suspending Warsaw’s EU voting rights.
The parliamentary opposition may be divided and poorly led, but something of the spirit of Solidarity — the grassroots movement that overcame Communist repression — is reawakening to protect civil rights, freedom of speech and diversity. [...]
That creates a dilemma for Commission officials. The next step the Commission can take in the legal procedure against countries that breach fundamental rights is to recommend sanctions. But this would require the unanimous consent of the other members, and is likely to be vetoed by Hungary’s Viktor Orbán, Kaczyński’s Central European partner in majoritarian autocracy.
The Polish leader could also turn such a move to domestic advantage, denouncing Eurocrats bent on thwarting the will of the people. Similarly, if the EU were to withhold funds for economic development and agriculture, he could blame Brussels, rather than his cronyism and unorthodox policies, for causing economic havoc. [...]
In crafting their response, European leaders should listen to Polish intellectuals who are urging EU action to raise pressure on Kaczyński, sustain civil society and prepare for a restoration of liberalism when he eventually loses power.
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