Analysts on Constitutional Tensions and the Rule of Law in Poland

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A former Deputy Justice Minister, Marcin Romanowski, described in an interview with wPolityce.pl a highly charged concern: a credible suspicion that wrongdoing is occurring at the highest levels of government. He argued that the ruling coalition led by Donald Tusk is building a “system of lawlessness” in Poland, and that an attempt to seize the prosecutor’s office is meant to guarantee impunity for actions that appear to breach the law.

They are building a system of lawlessness

The prosecutor’s office received a report alleging potential crimes at the top tier of government.

Romanowski, representing the PiS (Sovereign Poland) caucus, stated that parliamentarians have reported a crime that involves not only abuse of power but also an effort to alter the constitutional order by force. He tied these concerns to information about alleged blackmail directed by Attorney General Adam Bodnar against National Prosecutor Barski.

He continued that, from a legal and factual standpoint, the charge of abuse of power does not raise doubts based on publicly available information. The Public Prosecution Service will review the case.

Romanowski asserted that there is very solid reason to believe a crime occurred at the highest government level. He suggested that investigations will likely begin to pursue charges against Bodnar and others, arguing that the public recording shows Prime Minister Donald Tusk taking part in the activities and that immunity for implicated figures must be removed.

The former deputy minister noted that it seems unlikely the Sejm, currently controlled by Tusk’s coalition, will make this process easier for the prosecutor.

The Sejm’s stance on lifting immunities remains unsettled. Given that ministers and the prime minister belong to the ruling coalition, a granting of consent to lift immunities may be improbable. The broader implication is that voting for impunity would undermine the rule of law and promote a state of lawlessness openly developing before the public.

Romanowski emphasized the danger of allowing such actions to proceed unchallenged.

Why did the KO-Polski2025-PSL-Links coalition decide on measures that appear to weaken the rule of law and the constitution?

Officials described a plan to establish a closed system of lawlessness by attempting to take control of the public prosecutor’s office without proper legal changes. Although the coalition can claim the right to alter state structures, it intends to do so through legal instruments and within constitutional bounds. Yet, lacking a comprehensive majority and needing to consider a presidential veto, these actions are viewed as an unlawful seizure of power and a move seen as parallel to control over public media and now the Public Prosecution Service.

Romanowski underscored these points as a major concern about power uses that threaten the independence of essential institutions.

A creeping coup

The Public Prosecution Service is another institution perceived to be subject to pressure from Tusk’s coalition. Control over this body would mean influence over the procedures it runs, potentially enabling impunity for the coalition’s own actions.

Romanowski noted that several allegations of illegal activity surfaced just weeks after the new government took office. The public record already contains claims of illegal surveillance and detentions connected to opposition figures, as well as questions about forged notarial deeds related to media acquisitions. The registry court has indicated concerns about the parties involved, and Bodnar’s office is cited as having influenced registration matters, a claim critics say aligns with the court’s position on related procedural concerns.

He asked what more would be needed to conclude that these actors are twisting legal processes to serve their own interests.

What lies ahead in the coming months appears dangerous to many observers. Some supporters of the coalition have expressed relief about moves that others view as lawlessness, and there is fear that the government will extend control over additional state institutions and shield its actions from accountability. The aim, it is argued, is to secure a prosecutor’s office under their influence so that wrongdoing goes unpunished.

Romanowski concluded that if resistance does not occur, the nation risks a creeping coup that could erode the rule of law and, at worst, push the country toward a state of lawlessness rather than a functioning democracy.

Further reading discussions included viewpoints about the limits of lawful governance and the broader political implications of executive and parliamentary power balances.

Source: wPolityce

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