Ten unlawful steps of the current Polish government, from arrests to taking over public media.
Now would be the time for proceedings against Poland under Article 7, not like in the past, during the conservative government – as analyzed in the “The rule of law in danger in Poland” by the analysis of the Center for Fundamental Rights, which examined and gathered the “top 10” most serious cases in Poland following the last parliamentary election, which confirm the government led by Donald Tusk undermining the rule of law.
Aside from the anniversary, they believe that the proceedings against the previous conservative government showed striking similarities with the ongoing similar attacks against Hungary.
As the Center points out, the new liberal-globalist Tusk government – unlike its predecessor – is actually systematically violating fundamental rights, democracy, and the Polish constitutional order, leading to a real decline in the rule of law.
The rule of law, at its core, means that state authorities operate within the framework of internal laws, especially their national constitution, something lacking in the present situation in Poland, as noted by the Center.
They added that despite the blatantly obvious violations of rights, the institutions of the European Union, applying their usual double standards, did not react. Moreover, they have started disbursing previously suspended EU funds, citing the rule of law.
This once again proves that both the current Polish government and the EU interpret “rule of law” merely as a political slogan and use it to undermine sovereignty when their interests dictate it.
The Center for Fundamental Rights’ research lists the top 10 steps endangering the rule of law by the Tusk government:
1. The Polish authorities employed humiliating and inhumane treatment towards a Catholic priest, Michał Olszewski, who was arrested for political reasons.
During his detention, the priest was deprived of food for an extended period and was provided with limited water. He was not allowed to consult with his lawyer as needed. These actions flagrantly violated the European Convention on Human Rights and provisions of the Polish Constitution prohibiting cruel or degrading treatment, as well as the right to a fair trial. Additionally, changes were made to religious education without the required consultations with churches, deemed as an attack on religious institutions.
2. Opposition MP Marcin Romanowski was unlawfully arrested by authorities, disregarding his parliamentary immunity.
Romanowski was arrested in the summer of 2024 despite his immunity as a member of the Parliamentary Assembly of the Council of Europe. He was released only after the Assembly’s president protested the violation of immunity and a court affirmed that there was no legal basis for the arrest.
3. Two opposition MPs, Marcin Kamiński and Michał Wąsik, were convicted and arrested during an unlawful break-in at the presidential office, even though the president had previously granted them clemency.
Despite receiving a pardon from the president, charges brought against the former Minister of Interior and his deputy from the early 2000s resulted in criminal proceedings. While the Supreme Court deemed the pardon illegal, the Constitutional Tribunal overruled this, considering the presidential decision valid and lawful, stripping the MPs of their parliamentary mandates and unlawfully arresting them.
4. The parliament and government deliberately ignore decisions of the Constitutional Tribunal, severely undermining the principles of separation of powers, the rule of law, as well as provisions in the Polish Constitution.
Moreover, the parliamentary majority adopted a resolution declaring the Tribunal’s decisions invalid, contradicting the Polish Constitution, which states that the Tribunal’s decisions are binding on everyone.
5. The Minister of Justice dismissed dozens of court officials based on their political beliefs, including the President of the Warsaw Appeals Court.
This discriminatory action against judges appointed after 2017 violates the Polish Constitution.
6. On government initiative, judges are to undergo a “test of independence and impartiality,” aiming to enforce political obedience on them, a move inconsistent with the true rule of law.
In a genuine rule of law framework, the government should not be investigating judges for perceived or actual bias.
7. The Minister of Justice removed Darius Barski, the Prosecutor General, whom the Supreme Court deemed his removal unlawful. Nevertheless, the Minister, in violation of the law, appointed a new Prosecutor General.
This action was illegal on two grounds – for appointing a new person to a position already filled by law, and for not considering the opinion of the President in the prosecutor’s appointment, as required by Polish prosecutorial law.
8. The government forcibly took over the public media with the help of police and private security services, unlawfully removed its leaders, and appointed new leaders in a violation of the law.
The attack on public media was one of the first measures by the Tusk government that came into power in December last year. The actions consisted of various elements.
9. The Sejm attempted a severe intervention in the independence of the Polish Central Bank by seeking to bring its president before a “special court.”
An attempt by Donald Tusk, with the help of coalition parties, to unlawfully dismiss the President of the Polish Central Bank, Adam Glapiński, was thwarted by the Constitutional Tribunal, which is also under attack, for now, preventing the government from proceeding.
10. The police used disproportionate and violent force at a farmers’ protest, violating the freedom of assembly.
During the event where several opposition party politicians were present, the police used tear gas against peaceful protesters, with reports indicating their intent to escalate rather than calm the situation.
💘love
💘love
😡angry
😡angry
