Minister Rau responds to Reynders about the review committee: Most likely only one of us has read the bill

“The European Commission is deeply concerned about the passage in Poland of a new law establishing a special committee to investigate Russia’s influence on Poland’s internal security in 2007-2022, the European Commission said in a statement on Tuesday afternoon. “I completely disagree with what EU Commissioner for Justice Didier Reynders has said about the Russian Influence Investigation Commission; Most likely, only one of us has read this law and knows the rules that apply in the Polish legal system,” said the head of the Ministry of Foreign Affairs, Zbigniew Rau.

EC statement on “concern” about Polish law

This new law raises concerns that it could be used to influence, without due process, the ability to run for public office. Justice Commissioner Didier Reynders raised the issue with ministers today at the General Affairs Council. The European Commission is currently examining this new law and will not hesitate to take immediate action if necessary

– was stated in the communiqué of the EC.

On Monday, President Andrzej Duda announced that he had decided to sign the law establishing a commission to investigate Russian influence on the internal security of the Republic of Poland in 2007-2022 and that he would refer it to the Constitutional Tribunal in 2007 . a follow-up procedure.

On April 14, the Sejm passed the law establishing a commission to investigate Russian influence. They started setting it up in December last year. PiS Delegates. They pointed out that the commission should operate under principles similar to those of the verification commission for the re-privatization of Warsaw.

May 11 this year The Senate passed a resolution to reject the bill on the establishment of this committee. On Friday, the Sejm voted against the Senate resolution.

The committee would analyze official activities, create, duplicate, share information with third parties; influencing the content of board decisions; making harmful decisions; making advance directives on behalf of a government agency or company; entering into contracts or disposing of public or corporate funds.

Decisions that may be taken by the committee include: revoking an administrative decision issued as a result of Russian influence, issuing a ban on performing functions related to having public funds for a maximum period of 10 years, and the revocation and prohibition of the security clearance for 10 years.

The purpose of the commission for investigating Russian influence is absolutely not political strife or election interference, but to investigate and stigmatize Russian influence in Poland

– said Arkadiusz Mularczyk, deputy head of the Ministry of Foreign Affairs, in an interview with PAP on Tuesday.

Szynkowski vel Sęk: These are two false pieces of information

Commissioner Didier Reynders’ statement about the commission investigating Russian influence on the internal security of the Republic of Poland contains two clear falsehoods, EU Affairs Minister Szymon Szynkowski vel Sęk ruled. He reported asking Reynders for an urgent phone call about the matter.

Justice Commissioner Didier Reynders referred to the case on Tuesday.

We are particularly concerned about the Polish law on a special committee. (…) The EC will not hesitate to take action on this if necessary

said Reynders.

He pointed out that the European Commission is particularly concerned about “the Polish law on a special committee, which can deprive citizens, individuals, of the right to be elected to perform public functions.” As he noted, such deprivation of office will be possible through an administrative decision “without any judicial review”.

This is a particular concern and the European Commission will review the law. The EC will not hesitate to take action if necessary

Reynders noted.

When asked about these words by Commissioner Reynders during Tuesday’s press conference, Szynkowski vel Sęk judged that the statement contained “two clear falsehoods”.

As a result – in my opinion – unfortunately of not reading the law in question and perhaps too hastily expressed public opinion on this matter

emphasized the minister.

As he noted, “the first falsehood in this statement is the statement that the provisions of the law could prevent anyone from running in the election.”

It is not possible. This is simply not true, and this thesis was contained within this statement

– emphasized Szynkowski vel Sęk.

The second element – as the minister added – “is the question of the lack of a supposed judicial remedy for persons who would be the addressees of an administrative decision issued by the commission”.

I would like to remind you that the commission is not a court, but the commission makes administrative decisions, which can normally be challenged during an inspection of the administrative court. Meanwhile, Commissioner Didier Reynders pointed out that there is no possibility of appeal to the courts of the addressees of such decisions

– said Szynkowski aka Sęk.

These are two false information. I am surprised that they appeared in the public space from the Commissioner’s side. That is why I invited representatives of the European Commission to me today, we talked and pointed out these two false information. I also asked that our doubts be passed on to the European Commission for clarification, and I also asked Commissioner Didier Reynders for an urgent call on this matter, because I want to clarify this matter

said the EU minister.

“Most likely only one of us read the bill.”

I completely disagree with what the European Commissioner for Justice, Didier Reynders, said about the Commission for Investigating Russian Influence; Most likely, only one of us has read this law and knows the rules that apply in the Polish legal system, Zbigniew Rau, the head of the foreign ministry, said on Tuesday.

Zbigniew Rau, the head of the Foreign Ministry, who took part in the Globsec conference there, was questioned on Tuesday in Bratislava about this statement.

I cannot agree at all with the Commissioner, and my lack of agreement is due to the fact that most probably only one of us has read this law, one of us is familiar with the principles that apply in the Polish legal system. (…) I understand that the Commissioner is not aware of the fact that the administrative decision that this committee can take to investigate Russian influence on security in Poland – like any administrative decision in the Polish legal system – is subject to is subject to judicial review by the administrative court

said Raw.

“I see no threat”

So – emphasized the head of the State Department – “this judicial review is always twofold.”

There is therefore no question of any form of lack of the rule of law here, primarily because it is up to an independent judge whether this decision will be wholly or partially suspended during the ongoing proceedings, or whether it will decide of the court’s own free will or on request. of the party to whom this decision applies

said Raw.

Simply put: I do not see any threat, because I know the Polish legal system and have read this law

he said.

The situation in Kosovo

Rau was also asked about the situation in Kosovo, where as a result of Monday’s clashes between demonstrators of Serb origin and NATO troops of the KFOR peacekeeping mission, who were defending the premises of local offices, 52 Serbs were injured, as reported by the Serbian side, and several dozen NATO soldiers. Tension in the region has risen after several towns in northern Kosovo elected mayors of ethnic Albanian descent, even though these are regions mainly inhabited by ethnic Serbs. Kosovo Serbs on Friday tried to prevent new mayors from entering their offices, resulting in clashes with Kosovo’s ethnic Albanian police since the Serbs left last year.

While fighting off the demonstrators, soldiers of the Italian and Hungarian KFOR contingents were subjected to unprovoked attacks and suffered injuries, broken limbs and burns from the incendiary explosion, the KFOR mission said in a statement.

I hope that – although there is such a risk – this conflict does not spill over. The Ministry of Foreign Affairs formulated its position in solidarity with the work of international units

– noted the head of the Ministry of Foreign Affairs. He emphasized that he had visited the region as head of the OSCE.

There the conflict appears to be permanent, but that does not mean that it will continue in a particularly dangerous way

he said.

As he judged, “there are no new reasons for the escalation.”

Meeting in Oslo

The head of the Polish MFA was also asked about the informal meeting of NATO foreign ministers in Oslo, in which he will participate from Wednesday. The minister stressed that the main issues for Poland were two: bringing Ukraine institutionally closer to NATO – for which he believes the countries of NATO’s eastern flank are currently most active – and leading to the implementation of the Alliance’s strategy. adopted at the NATO summit in Madrid.

According to the minister, another “iron” issue to be addressed is the question of Sweden’s accession to NATO. According to Rau, a position on this issue could emerge in connection with the end of the presidential elections in Turkey.

Turkey and Hungary are the only NATO countries that have not yet ratified Sweden’s accession to the North Atlantic Alliance.

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