In a text published on the website Teologia Polityczna, Jan Maria Rokita notes that we are dealing with a “crisis of procedural rule” which “is the first shock to the whole system of this magnitude in post-war Europe”. .

According to the commentator, this crisis “brings the harbinger of a political change of historical importance. From this historical perspective, two aspects of this crisis are particularly interesting because they have the character of precedents”.

The first aspect – as Rokita points out – is “innovative, which is being used by the new Polish government mode of operationWhich I like to call a 'limited emergency'.” “Apparently The case of radio and televisionIt was limitedly used for one action (on the media), the force of which was only de facto suspended by one of the ministers, without a de jure announcement,” explains the former MP.

Rokita's harsh words

“The second, precedential aspect is the hitherto unknown case and (as far as my knowledge reaches) on the horizon of the entire European modernity, the questioning of the legal power of the key political institutions of the state, including the courts. Established by its legislation, now declared “non-judicial”Ian Maria Rokita continues.

The commentator emphasizes that the implications of this precedential fact in its domestic and international dimensions should be carefully studied. “And here we must have a crystal clear view: nothing like this happened to anyone – neither to the courts of the Third Reich during the denazification process, nor to the courts of the USSR or satellite states after the fall of communism. At Nuremberg, nor at The Hague, nor at any other tribunal, “no one thought of considering the Nazi or Soviet courts as 'non-judicial' and their decisions collectively non-existent,” he emphasizes.

“And even the most far-reaching project of the KPN in Poland, which proposed to break the continuity of the state with respect to the Polish People's Republic, did not envisage the treatment of the Stalinist courts. every not estAnd only the procedures for annulment of their decision were created. The scale of the attack on the rule of law that the Polish state is now facing is, in this sense, a new phenomenon and marks a completely new era on our continent,” reads the website of Teologia Polityczna.


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