“After the return of democracy, the collapsed political systems cannot be restored by ordinary legal steps, because that means restoring democracy on the terms dictated by the fallen regime,” the Warsaw University lecturer wrote in a text published in the newspaper. Wyborcza website.
Sadurski analyzes what is written Resolution regarding the media A “transition period” during which the intended corrective actions must be taken. “This may take a long time, because President Duda has already started vetoing laws, and Ms. Przylbska's tribunal, after years of inaction, has presented a new, ambitious menu.” The issue of transition is not only about public media. , but the neo-KRS, the prosecutor's office and the civil service, which are infected with the neo-judges of the Supreme Court and, of course, the tribunal,” Prof. Sadursky.
Several stages of “restoration” of democracy
“We are currently in the second stage of restoring democracy and the rule of law. The first stage was the electoral victory: the miracle of October 15, when for the first time in the world the democratic opposition won so crushingly against the populists. despite the destruction of democratic institutions by the previous team”, says the commentator.
The third stage, as he claims, is the time when “legal conditions will be created for the normal functioning of democracy, decent public media, fair competition between the parliamentary majority and the opposition, a neutral civil service, independent prosecutor's office and courts.” And so on.” “And today we are in the second stage, which should take us from the first to the third. Is it possible to walk this path in a beautiful, gentle and indisputable way? And, above all, in a law-abiding way?” – wonders the UW lecturer.
He notes that currently “Democrats” represent two different approaches. “On the one hand, there are those who demand strict, scrupulous respect for all legal provisions, even those of PiS origin, while they are still formally in force, and on the other hand, those who point out that in a situation of complete destruction of the rule of law, such a policy can only Perpetuation of a pathological system and, in the best case, apathy to reform the state,” we read. Wojciech Sadurski himself admits that he is in favor of the second route.
Dismiss the Constitutional Tribunal, remove the judges
Sadursky wants sharp and unequivocal decisions, even if it is Legally dubious: “If we don't fire Ms. Przylbska's entire tribunal, we will sabotage all efforts to restore the rule of law in the courts, media or prosecutor's office, even if the dismissal of this poor body offends.” Fair minded. Without removing members of the judiciary from the neo-national council, this despicable body “continues to illegally supply the president with neo-judicial nominees. A.S. etc.”.
According to him, following the regulations is equivalent to “doing nothing”, especially in the context of TVP. “The alternative is to fall asleep in the world of fiction and narcissistically admire one's own virtue, interrupted by venting indignation at the ugliness of the real world. Learned lawyers can afford it, politicians can't,” concludes Wojciech Sadurski.
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