The coup on the Rule of Law by the new center-left government in Poland

@ElentirENG ES 1·11·2024 · 10:56 0

Poland is experiencing alarming times. In some respects, its democracy seems to be returning to the times of communism.

The new Polish government of populars and socialists illegally assaults the Polish TV
Poland could be governed by an alliance of partners of the Popular Party and socialists

Two opposition deputies were arrested by the Police

This Tuesday, the country attended the unusual arrest of two conservative deputies, Mariusz Kamiński and Maciej Wąsik, members of the Prawo i Sprawiedliwość party (PiS, Law and Justice) at the residence of the President of the Republic of Poland, Andrzej Doubt. The Police arrived at the palace to carry out the arrest, after a ruling by a court of second instance and without waiting for an appeal.

The sentence in question refers to a corruption case that Kamiński and Wąsik uncovered in 2007, when they were part of the Central Anti-Corruption Bureau (CBA). The Prosecutor's Office accused them of a crime of abuse of power and in 2014 the Warsaw District Court sentenced them to 2 and a half years in prison.

It was a very controversial case: the two were convicted for pursuing corruption. Given the scandal generated by that judicial conviction, in 2015 Duda granted them a pardon. However, in 2017 the Supreme Court declared the pardon illegal, but a year later the Constitutional Court declared it legal. Thus, this new judicial sentence is about a case that expired due to a pardon confirmed by the Constitutional Court.

A violation of the parliamentary immunity conferred on them by the Constitution

As if that were not enough, this new conviction has violated the parliamentary immunity of those two deputies, an immunity that Article 105 of the Polish Constitution states in point 2: "From the day of the announcement of the results of the elections until the day of the expiration of his mandate, a deputy will not be subjected to criminal liability without the consent of the Sejm". Furthermore, point 3 adds: "Criminal proceedings initiated against a person before the day of his election as a deputy shall be suspended at the request of the Sejm until the expiration of his mandate. In such case, the limitation period regarding of the criminal process will be extended for the equivalent time."

An assault on Justice denounced by the Supreme Court

What is happening in Poland is a case of judicial corruption resulting from the politicization of Justice. So it is Małgorzata Manowska, the first president of the Supreme Court, has denounced: "only now has politics entered the Supreme Court so openly, that it is now used in a ruthless political struggle."

In this whole matter, the role of the Marshal of the Sejm (president of the Congress), Szymon Hołownia, is being very controversial. Hołownia belongs to Polska 2050, one of the parties of the center-left coalition headed by Donald Tusk that took power in Poland after the October 2023 legislative elections, in which PiS won, but without a sufficient majority to govern. The first President of the Supreme Court has denounced:

"Mr. Mariscal, in collaboration with the president of the Chamber of Labor, evaded the procedure for circulating documents in force before the Supreme Court. In addition, they jointly tried to determine the composition of the court and forcibly remove the judges of the IKNiSP [Extraordinary Verification and Public Affairs Chamber] of its functions. These are unprecedented actions."

The Supreme Court denounces "a significant violation of the legal order"

This Monday, the Supreme Court denounced that Hołownia has committed "a significant violation of the legal order of the Republic of Poland", in relation to the fact that he was the one who chose where to file the appeal Kamiński's appeal against Hołownia's decision to annul his mandate as a deputy. Likewise, the court has noted regarding Hołownia's actions: "Not only do they constitute a violation of national law, but they also have no basis in the ruling of the CJEU [Court of Justice of the Union European] of December 21 of last year."

Donald Tusk threatens to arrest the President of the Republic

The authoritarian drift and the copu on the Rule of Law that the new Polish center-left government is committing was completed this Tuesday with a threat by Prime Minister Tusk to arrest the President of the Republic, a threat that has caused a scandal in Poland. Given these serious facts, mobilizations are being prepared in Poland in support of the detainees and against the illegal actions of the new government.

Morawiecki denounces that there are political prisoners in Poland again

This Wednesday, former Prime Minister Mateusz Morawiecki denounced: "For the first time in 35 years, since the fall of communism and the great victory of Poles over totalitarianism, we have political prisoners in Poland..." The former prime minister denounces that Kamiński and Wąsik "are victims of the political revenge of Donald Tusk's new government." Morawiecki added: "I appeal to the democratic community of the West not to look passively at what is happening in Poland today."

The President of the Republic denounces an "ostentatious violation of the Polish Constitution"

In the last few hours, the President of the Republic has denounced "the ostentatious violation of the Polish Constitution" carried out with these arrests by the Police in the presidential palace. Given the indignation among the Polish opposition, Duda, who is a member of PiS, has communicated: "I call for calm. In Poland it is allowed to gather and participate in demonstrations. But I ask you to make these demonstrations peaceful, dignified and peaceful."

Duda also called for hope: "I deeply believe that with fair and honest methods consistent with the principles of democracy, we can restore justice in the Polish State." And he added: "Justice, honesty and a free Poland must win. This is our duty today."

The illegal assault on public media by the new government

The arrest of the two conservative deputies this week is not the only attack on the rule of law being carried out by the new center-left government, formed by the Polish allies of the European People's Party and the Socialist International., among others. On December 20, the illegal assault on Polish Television by the new government in December, resorting to the Police to take control of that public medium. The assault was carried out ignoring an order from the Constitutional Court issued a few days earlier, which prevented changes in publicly owned media until a ruling is issued on the matter.

In an openly illegal manner, the new government not only dismissed the directors of Polish Television (TVP), Polish Radio and the Polish News Agency (PAP), but also all the members of its supervisory boards, an action that the President of the Republic considered a violation of "constitutional principles and the law." That assault on public media was harshly condemned by the Association of Polish Journalists (SDP), which denounced "outrageous violations of the standards of a democratic state."

National Media Council reinstates supervisors deposed by Tusk

This Wednesday, the National Media Council confirmed in their positions the TVP supervisors dismissed by the government: Maciej Łopiński, Przemysław Tejkowski and Radosław Włoszek. The Council added:"The Supervisory Board in this composition has the right to carry out the tasks provided for this body in accordance with the provisions of the Code of Commercial Companies, the Broadcasting Law and the Articles of Association of the Company." It is a clear disavowal of the assault by the Tusk government.

The new government and its assault on the Judiciary

On December 20, the same day of the assault on public media, the government parties passed a resolution in the Sejm to demand that members of the National Council of the Judiciary (KRS) immediately cease their activities, all without the new government does not have a sufficient majority or legal support to remove them. The KRS is in charge of ensuring the independence of Justice in Poland and the new government intends to liquidate it without further ado.

Abascal: "they are destroying the rule of law even faster than here in Spain"

From Spain, this Wednesday the president of Vox, Santiago Abascal (his party is a partner of the Polish party PiS) affirmed: "The news coming from Poland is worrying. The allies of Sánchez and Feijoo (associated in Poland in a government of losers) they are destroying the rule of law even faster than here in Spain."

The Vox MP Hermann Tertsch also noted yesterday: "In Poland there are political prisoners again under the new government of Donald Tuskwhich came to power last month thanks to massive interference from Brussels and Berlin. Do you know who makes up that government? A partner of the PP, a partner of the PSOE and a partner of the communists."

Silence from Brussels and the Spanish partners of the new Polish government

Significantly, both the European Commission and the Spanish partners of the parties of the new Polish government are silent. For years they attacked the previous conservative government, leveling false accusations of violating the rule of law. Now, when there are political prisoners in Poland again, they remain silent.

---

Photo: Radek Pietruszka / PAP. Donald Tusk, president of Platforma Obywatelska, main Polish partner of the European People's Party, and new prime minister of Poland.