From: opinions.olsztyn.pl
The eight-star coalition’s brazen attack on public media, violating the constitution, laws and basic principles of decency, will have far-reaching consequences.. I deeply believe he will be one of them a motion to ban political parties involved in the attack on Poland’s democratic system.
Many will say that this is an idea disconnected from reality, when hordes of men and women in uniform attack the public media. And they do it at the request of the pensioner colonel of the special servicescurrently Minister of Culture and National Heritage – Bartłomiej Sienkiewicz.
Sienkiewicz was already Minister of the Interior and Coordinator of Special Services, nominated by Tusk. During that time, he attended “U Sowa” dinners, where, among initiates, laws were changed over a glass and the most important positions in the state were appointed. On the famous tapes recorded there, Sienkiewicz also appeared as instigator of the secret operation to burn down the guardhouse in front of the Russian embassy. It happened on November 11, 2013 and the blame lies with the organizers of the Independence March. The case was investigated by the public prosecutor’s office, but the procedure was stopped after a few years.
This time Sienkiewicz carries out Operation “Entry”. He sends department troops in uniform and out of uniform to the public media to remove their legal bosses. It turned out that he could not only mock the law, but also subjugate time and space. In 107 minutes he completed tasks that would normally take days. He removed several laws in the Polish legal system. He led general meetings and meetings of the supervisory board at a rapid pace. He dismissed the supervisory and management boards of TVP, Polish Radio and the Polish News Agency. He then appointed new ones. He prepared and read six notarial deeds, but also circulated in Warsaw. He made notes in the registers and received extracts.
How should we respond to such behavior from the ruling team led by Donald Tusk? A few days before taking office, the head of the current government presented his environment’s view on the rule of law in a very synthetic manner “Law? As we understand it.”
During the presidency of Lech Wałęsa, the concept of falandization of law appeared. The presidential minister, Lech Falandysz, became famous for his astonishing interpretations of legal provisions. Today, Tusk goes much further and announces that he has no intention of worrying about the law at all. Only Donald Tusk’s understanding of the law counts. What do we need, eminent tribunals, courts of all bodies, public prosecutor’s offices, law faculties at universities, institutes and professors. All you need is the Prime Minister’s ‘understanding’, and that’s it.
However, let’s leave Tusk with his dreams and Let’s go back to the law in force in Poland.
Article 42 of the Law on Political Parties states that “in matters concerning compliance with the Constitution and the objectives or activities of political parties, the Constitutional Court has jurisdiction”, and Art. 43 states that “the procedure in cases referred to in art. 42 is specified in the law of 30 November 2016 on the organization and procedure of proceedings before the Constitutional Court. In turn, art. 44 states that “if the Constitutional Court rules that the objectives or activities of a political party are contrary to the Constitution, the Court will immediately issue a decision to remove the registration of the political party from the register.”
So The Polish legal system provides for a situation in which a functioning political party will act contrary to the Constitution. It can then be removed from the registry, which is commonly called delegation.
In the case of an attack on the public media, we have exactly such a situation. The coalition forming the government ostentatiously violates the Constitution of the Republic of Poland. Changes in the public media are possible, these procedures are described in the Constitution and laws.
It is difficult to imagine that Minister Sienkiewicz would take these actions without the consent of the Prime Minister and the government. He acts with full consciousness and blatantly violates the laws and the Constitution. These steps fully justify the application to the Constitutional Court to ban the parties participating in these activities.
First of all, this applies to the Civic Platform, led by Tusk, and Trzecia Droga, led by Hołownia.
There are other arguments, probably even more serious. I am thinking of the activities of representatives of PO, PSL and the left in European Union institutions and other international organizations. If we collect all the speeches, votes, statements and behavior of these people, there will be more than enough arguments in favor of the motion. They oppose the Constitution of the Republic of Poland without any hesitation. Without any qualms, they attack the foundations of Poland’s raison d’etre, call for repression and support sanctions against Poland.
They accepted without objection the forced relocation of illegal migrants.
All indications are that they will also accept changes to the EU treaties that will deprive us of sovereignty on important issues: security, border protection, currency, economy and justice.
It’s time to gather and document all these facts. They will make a very strong charge.
Source: wPolityce