PiS MP and former head of the Ministry of Foreign Affairs Paweł Jabłoński quoted very eloquent statements from Prof.’s text on the X website. Wojciech Sadurski from Gazeta Wyborcza. “The main idea of this ‘democrat’: the rule of law cannot consist in scrupulous adherence to the letter of the law. And excessive respect for the rule of law blocks the ‘measures’ taken to restore the rule of law,” the United Right politician noted. “It is worth while to write down these statements; it is time to remember them,” he said. “That nasty PiS maliciously wrote this constitution, especially in ’97, so that our poor, good-natured Democrats would be trapped today!” – Radosław Fogiel (PiS) was ironic.
Bold (and cynical) statements from Prof. Sadurski!
Well, the law professor (sic!) argues in his text entitled: “PiS uses the constitution as a trap for democrats” (really?) that “after the return of democracy, the devastated political systems cannot be repaired with ordinary legal steps be rebuilt, because this would mean restoring democracy on the terms dictated by the fallen regime. Interesting, right? And what would that mean?
Sadurski begins his argument by quoting a phrase that was included in the memorable and scandalous resolution of the Sejm of December 19, which became a kind of pickaxe for the government of Donald Tusk and directly for Colonel Bartłomiej Sienkiewicz, who allegedly initiated the attack on the public media. These are the words “corrective measures (…) in accordance with the norms of the rule of law in the transition period.”
But what are these standards and what is the ‘transition period’? The resolution states that it will last “until appropriate legislative solutions are adopted and implemented,” that is, until the new laws come into force. This could take a long time, as President Duda has already started vetoing bills, and Ms Przyłębska’s Tribunal, after years of inactivity, has presented a new, ambitious menu. The question about the transition period concerns not only the public media, but also the neo-KRS, the public prosecutor’s office, the civil service, the Supreme Court infected with neo-judges, and of course the Tribunal. And the term “transition period” itself refers to the entire philosophy of rebuilding the rule of law in a country where the former authorities maintained legalized lawlessness.
– writes Sadurski, who cannot resist making fierce comments.
Because any reform in any of these areas will inevitably see the new government face accusations of disrespecting the rule of law, despite its willingness to restore the rule of law, and of violating the constitution itself. which the opposition placed on its banners. “Ramp off”, “drive like a gang”, “take a shortcut” – we hear it. The criticism of Minister Bartłomiej Sienkiewicz by publicists and lawyers, including on the democratic side, for the way he handled TVPiS is only a harbinger of conflicts that will undoubtedly accompany all corrective measures in the transition period.
– the author continues.
Sadurski also presents a vision of three phases of the alleged restoration of democracy and the rule of law in Poland. He was the first to report the “election victory” over PiS on October 15
The third phase will take place when the legal conditions for the normal functioning of democracy have been created, with decent public media, fair competition between the parliamentary majority and the opposition, a neutral public service, an independent prosecutor’s office and courts, etc. And today we are in the second phase, which will lead us from the first to the third phase. Is it possible to walk this path in a beautiful, gentle and unquestionable way? And above all: law-abiding?
– asks the legal authority of the Third Polish Republic, and the answer was given with quotes from a Hungarian lawyer, until recently the Vice President of the European Court of Human Rights, András Sajó.
The rule of law, Sajó argues, in the transition period after authoritarian rule cannot consist of scrupulous adherence to the letter of legal provisions, especially those introduced by authoritarians, because in such a case the ‘rule of law’ will degenerate to ‘governing by law.” And it is not the same. ‘Rule by law’ can be a technique by which autocrats can exercise undemocratic power. Such an ideal is often self-destructive, writes Sajó. In such a case, the Hungarian concludes lawyer, respect for the rule of law blocks the measures taken to restore the rule of law
– Sadurski presents and further claims that “this is what we are dealing with now in Poland.”
“It is worth writing down these statements.”
The aforementioned former deputy head of the Ministry of Foreign Affairs aptly captured Prof. Sadurski’s Machiavellian arguments.
The main idea of this “democrat”: the rule of law cannot consist in scrupulous adherence to the letter of the law. And excessive respect for the rule of law blocks ‘measures’ taken to restore the rule of law
– Paweł Jabłoński wrote on X.
It’s worth knowing how these people think – and what they mean by the ‘rule of law’. It is worth writing down these statements – it’s time to remember them
– added.
Something tells me that these quotes will come back to Mr. Sadurski in some time – in an unexpected way for him. Even if today it seems to him that the government will never change
– noted the PiS MP.
Ironically, Prof. Sadurski’s text from “GW” was commented on by PiS MP Radosław Fogiel.
That nasty PiS maliciously wrote this constitution, especially in ’97, so that our poor good-natured Democrats would be trapped today!
— we read in the message that refers to the title of the publication.
Minister Bodnar, who is looking for “some legal basis”
It is worth noting that Sadurski’s bold statements are not isolated in the camp of the new government! Lately there has been a lot of talk about an extremely bizarre statement by the Minister of Justice in the government of Donald Tusk.
We have a situation where we are restoring this constitutionality and looking for a legal basis to do so
– said former ombudsman Adam Bodnar on Radio Zet, in the context of Colonel’s actions. Sienkiewicz towards public media.
READ ALSO: Minister Bodnar showed up! “We are restoring this constitutionality and seeking a legal basis.” Merciless COMMENTS
“Tusk’s decision-making (…) is pure murderousness and a mockery of the law.
In turn, editor Stanisław Janecki, in his text on the “decision-making” of Donald Tusk, also quoted the words of the PO leader himself that “everything will be in accordance with the law, as we understand it”, and the statement of Prof. . Marek Safjan, former President of the Constitutional Court and judge of the CJEU: “We must break out of the trap of legal formalism.”
Tusk’s decision-making in late 2023 and early 2024 is pure murderousness and a mockery of the law, including the Constitution, as well as undisguised satisfaction over the brazen violation of the law and the Constitution and overthrowing people.
– noted a columnist for the weekly magazine “Sieci” and the portal wPolityce.pl.
READ MORE: Stanisław Janecki: A few warnings for Tusk, Safjan and Bodnar who think they are smarter than Carl Schmitt
This means that when PiS implemented reforms using laws (!), it allegedly destroyed the rule of law and democracy. And if the new government circumvents, bends and even violates the Constitution, then… the end justifies the means. A very smart and above all cynical approach!
olnk/X/wyborcza.pl/wPolityce.pl
Source: wPolityce