Prof. Wojciech Sadurski in Gazeta Wyborcza encourages the ‘Coalition of October 15’, previously called the ‘Coalition of December 13’ by the current opposition, to continue to strive – as befits ‘democrats’ and ‘defenders’ of the rule of law – to PiS to calm down. More inadvertently than deliberately, he exposed the mindset of the current administration’s supporters: “If any of you right-thinking people are really that concerned about polarization, imagine the anger of the Democratic electorate if the new administration begins to give in to the beneficiaries of the ‘good change’.”
After December 13, 2023, politicians and Civic Coalition supporters not only took off their T-shirts emblazoned with “CONSTITUTION” but also apparently turned the Constitution itself into a doormat. This impression can be obtained by observing the events of recent weeks – from the attack on the public media, through the illegal arrest of members of the Sejm of the Republic of Poland, Mariusz Kamiński and Maciej Wąsik, ending (for now) with the attempt by the head of the Justice Department, Adam Bodnar, to fire the National Prosecutor, Dariusz Barski.
A gangster hitting a baseball
The above situations interest the well-known lawyer prof.dr.ir. not. Wojciech Sadurski continues to call the government of Prime Minister Donald Tusk a ‘democratic coalition’, and the opposition United Right ‘gangsters’, populists, and the government formed by PiS until December 13, 2023 a ‘regime’. What kind of regime is this that – despite having the highest result as an independent commission in the parliamentary elections – cannot form a government? Prof. Sadurski does not answer this question, although he himself deigns to note that the United Right lost power after democratic elections.
We are going through the most difficult post-election period, and electoral success may prove to be a trifle compared to the challenges facing Tusk’s team. How he behaves now will determine whether the changes promised in the campaign will be implemented
– predicts the lawyer.
It is already clear in the political commentary that PiS has contributed to solving the dispute between ‘doves’ and ‘hawks’. This argument might have made some sense the day after October 15th. Now it’s clear that playing with gloves on while a gangster hits a baseball is suicidal naivete. Adopting the rules of the game from PiS during the transition period would mean a conscious powerlessness of the democrats
– this is how Prof. Sadurski admits that the change of authorities in the public media with a resolution that was supposedly only an “expression of the opinion of the Sejm” and with the help of bald “necks” and people whose registration in the National Court Register refused to Colonel Sienkiewicz by the registration courts are not PiS methods? Prof. Piotr Gliński and Jacek Kurski did not bring “strong people” to Woronicza.
““Przyłębska’s Shrine”
The author of the text in “GW” tries to justify his arguments with four examples: the “coup” at the prosecutor’s office, the situation surrounding the public media, the dispute over the National Council of the Judiciary and the case of MPs Kamiński and Was I .
For Prof. Sadurski, CT in its current form is no longer even “Przyłębska’s Tribunal”, but simply “Przyłębska’s Shrine”.
The current uproar of evil spirits in the Public Prosecution Service must be punished with full severity. Legal lawlessness, deliberately introduced by PiS, cannot bind the democratic authorities today, and since the body examining the constitutionality of laws is excluded, the Constitution must be directly applied, regardless of unconstitutional laws and the sanctuary of Ms. Przyłębska.
– writes the lawyer.
A similar pattern was used in public media. The concretization of the National Media Council and the colonization of the National Broadcasting Council were intended to guarantee the continuation of the PiS propaganda machine using public money. Minister Sienkiewicz has cleverly found a method to avoid these pitfalls, but even without this method, RMN’s unconstitutionality allows the “unlawful law” governing public media to be ignored.
– it was indeed extremely ‘smart’, but was it democratic?
The neo-KRS, which continuously poisons the Polish legal system with non-judges thanks to the zealous help of Andrzej Duda, is another example of the same dilemma. The unconstitutional law allowing the complete vassalization of the National Council of the Judiciary should be thrown into the trash, and if Andrzej Duda vetoes the new law drafted by Bodnar’s team, the National Council of the Judiciary should be recreated in its constitutional form. by decision of the Sejm
– so it’s another solution? And this is what a law professor writes, in the same text in which he mocks the President of the Constitutional Court, Julia Przyłębska, and former minister Zbigniew Ziobro, who have ‘only’ a master’s degree?
We live in a country that is not democratic, but constitutionally bankrupt, because of Prof. Miroslaw Wyrzykowski. Acting as if it were a normal constitutional state means nothing less than giving up on reforms because they are prohibited by law.
– and probably because we do not have a “normal rule of law”, we hold parliamentary elections every four years, which often result in a change of government. This is probably why the ruling party may have a majority in the Sejm but not in the Senate, for example, or why local governments – especially in big cities – may be in opposition to the government.
The democratic coalition came to power under the banner of the rule of law and cannot therefore start breaking the most important slogan of the rule of law: equality for all before the law. And this is what PiS wants, with the help of the president
– argues Sadurski, who in turn refers to the case of MPs Kamiński and Wąsik and tries to cast doubt on the presidential act of pardon. Does ‘equality before the law’ also apply to parliamentarians, and recently also to members of the Civic Coalition accused of corruption? In the case of MPs Kamiński and Wąsik, they acted with extraordinary zeal, but attempts were made to turn KO politicians like Stanisław Gawłowski, Roman Giertych and Tomasz Grodzki into “martyrs of the regime”.
““The Anger of the Democratic Electorate”
It is already clear that Andrzej Duda will be the main instrument to sabotage democratic reforms. The hope of his loyal cooperation for the well-being of Poland turned out to be a fantasy: he is a tool to protect the remnants of PiS privileges
– emphasizes Sadurski. No, he is the head of the Polish state, the commander-in-chief of the armed forces, he owes his office to democratic elections, he comes from the PiS community and in the past he was a collaborator of the late. President Lech Kaczyński, who also held office in 2007-2010, in collaboration with the first government of Donald Tusk. What does ‘loyal cooperation for the good of Poland’ mean according to Sadurski? Support to get into individual settings from scratch? Is openly trampling on the will of 7 million Poles who voted for PiS in October 2023 really an act in Poland’s interest?
We cannot wait until the end of the presidential term to implement reforms. Therefore, its role, which is carried out in symbiosis with corroded institutions: the Constitutional Court, the Supreme Court, the National Council for the Judiciary and the Public Prosecution Service, must be neutralized as much as possible. With this arrangement, which operates on the principles of an organized criminal group, it is impossible to compromise in the name of dispute resolution.
– argues the lawyer. The question is whether an organized criminal group is closer to acting according to the principle: either you ‘cooperate loyally’, or ‘we neutralize your role’?
And if any of you beautiful souls are really that worried about polarization, imagine the anger of the Democratic electorate if the new government starts pandering to the beneficiaries of the “good change.”
– emphasizes Sadurski.
The professor should be especially thanked for the above text fragment. It perfectly reflects the mindset of the ‘democratic electorate’, which apparently does not care about the rule of law, but only about revenge. ‘Smiling Poland’, disgusted by hatred and feelings, not only wants about a hundred details, but PiS ‘blood’.
aja/Wyborcza.pl
Source: wPolityce