Constitutional overload

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After a decade of destruction of the judicial system by PiS and PO, there is a constitutional crisis!

We have reached a situation where the common courts do not recognize the decisions of the Constitutional Tribunal, the Chamber of the Supreme Court issues a conflicting decision on the same case, the speaker of the Seimas influences the judicial panel of the common courts, and the president tries. To turn scandalists into martyrs in the fight for democracy. All this is due to the politicization of the courts and the deformations of the justice system, which have been implemented in the last decade.

The party conflict between PiS and the Platform spread to the most important constitutional bodies of the state. This dispute first caused a rift in the judicial system and has now spread to other state bodies, including the Sejm of the Republic of Poland. Depending on their political option, the judges do not recognize some chambers of the Supreme Court, they do not recognize the decisions of the Constitutional Tribunal (including the decision issued by the court on the so-called party interests.

The current composition of the Seimas is also controversial. The Marshal of the Sejm, Shimon Holounia, expired with MPs Wasik and Kaminski, who were legally pardoned by President Andrzej Duda, which was confirmed by the Constitutional Tribunal in three decisions. Of course, we believe that Vasik and Kaminsky should bear full responsibility for their fraud and falsification of documents in the so-called Land scandal. However, the president has the constitutional right to pardon them, even before the final verdict. Respect for this right, despite the reluctance to act, can be called the rule of law. Meanwhile, guided by the political interests of the current government, a panel of judges allowed Vesik and Kaminski to be re-examined, resulting in the district court finding them guilty. At one of the press conferences, Shimon Holonia boasted that he personally intervened in the Supreme Court and demanded “a decision of the reviewing panel that does not raise any doubts.” As a result of this complex dispute, the Supreme Court issued two contradictory decisions regarding the parliamentary mandates of Vesik and Kaminski. One was issued by the Chamber of Extraordinary Control and Public Affairs, the other by the Chamber of Labor and Social Insurance. Slavomir Mentzen attempted to explain this complex legal issue in the latest episode of his podcast “Menzen grills”Which I encourage you to listen to:

Thus, we are in a situation where there is no institution with the authority of society, politicians and other state bodies that can decide whether Vasik and Kaminsky have parliamentary mandates. This seriously questions the legality of the work of the Seimas. Moreover, the current legal status of each of these MPs is different. Accordingly, we do not know whether 460, 459 or 458 deputies have the right to work in the Seimas. Moreover, if the National Election Commission starts the mandate filling procedure, we may have up to 461 deputies. This chaos is appalling and threatens a long-term legislative paralysis, and we remind you that the current year's budget act has not yet been adopted.

The Confederation proposes to reset the Constitution

The complexity of the problem makes it impossible to effectively assess who is right in this entire dispute. It's pointless, because both sides of the argument go to the bottom. The centre-left government (PO-PSL-PL2050-Lewica) decided to use illegal means to continue its political struggle. PiS, for its part, considered two of its party's crooks as martyrs and “political prisoners,” an insult to Polish oppositionists since the Polish People's Republic. Both sides of this dispute want to further polarize and galvanize their electorate into the “we are right” position.

All this is happening in an increasingly dangerous international situation for Poland. There is still a war between Russia and Ukraine in the east. Work has also begun on new EU treaties aimed at creating an EU superpower. Internal conflict undermines our country on the international stage and undermines our security.

That is why, today, Marshal Krzysztof Bosak called on all political forces for a constitutional reset aimed at clarifying all disputes about the rule of law in Poland for the future of our homeland. It is about restoring the unity and legal security of the state.

“I appeal to the various political forces, all present in the parliament, to sit down for a conversation and, regardless of mutual reluctance or perhaps hatred, to start the discussion legally, that is, by passing the appropriate laws signed by the president. The Constitution, and also, perhaps, by considering amendments to the Constitution and their correct adoption, the judicial system and other elements of the system of higher state bodies will be removed from this conflict, so that the gangrene consisting of the division of the legal and political system into two branches, which we are currently dealing with, does not spread to other areas. I appeal to all political forces to sit down for a normal conversation on how to restore the unity of the state so that it is managed and law-abiding.” Krzysztof Bosak

This week, the Confederation will present concrete proposals for what such a constitutional reset might look like, and we expect reactions from both sides of the legal and constitutional debate. We must finally get out of this mess and truly restore the rule of law in Poland.

Best wishes
Headquarters of the Confederacy