I consider dangerous and legally wrong ideas to remove PAD from office through a national referendum on shortening his term of office was criticized by Prof. Marek Chmaj in a discussion shared on the X platform. Marcin Matczak responded, referencing the constitutionalist’s proposal to dismiss President Andrzej Duda via referendum.
Chmaj’s proposal
Faced with the chance to seize power in Poland, the opposition seems more interested in revenge than delivering a constructive program for the people. This has led to increasingly radical notions, including the idea of removing the president from office through a referendum. Andrzej Duda holds the presidency by virtue of office, a role that many deem protected by the constitution.
While some may forgive such controversial ideas from former President Lech Wałęsa, who is widely known for lacking formal legal training, it is unsettling to hear them from respected scholars like Prof. Marek Chmaj.
READ ALSO: High! Prof. Chmaj discusses the possibility of dismissing the president through a referendum. Wałęsa anticipated similar conversations. A storm on the internet followed.
“Dangerous and legally incorrect ideas”
Not only lawyers involved in politics within the Law and Justice coalition have noted the absurdity of Chmaj’s concept, discussed on the Super Express program Dudek o Politics. The plan would affect President Andrzej Duda as the head of state. The opposition has also shown interest, while Prof. Marcin Matczak urged a cooling-off of vindictive politicians, lawyers, and voters alike.
At the start of the discussion on the Court and the Supreme Court, Matczak stated clearly that he views proposals to remove the president through a nationwide referendum as dangerous and legally incorrect.
– wrote Marcin Matczak.
Procedures in law have a fixed function. Some scholars argue that changing that function abruptly signals populist power, a view echoed by Nicola Lacey and others.
– he pointed out.
“Let’s not go down this road”
The lawyer emphasizes that the referendum instrument is meant to gauge the public opinion on issues important to Poland. In that sense it is a general procedure often called lex generalis. If there are other procedures intended for a specific purpose, referred to as lex specialis, they should be used in a given case.
– he emphasizes and adds that special procedures on many issues do not exist in Polish law.
There is no constitutional procedure to decide whether Poland should switch its energy sector from coal to nuclear energy. A referendum on this topic would be possible only if such a path existed in law, which it does not in this context.
– Matczak writes.
However, if there is a need to remove the president from office, there are at least two constitutional routes designed for this purpose: the presidential elections scheduled for 2025, and the option to refer the matter to the State Tribunal for dismissal. These paths should be pursued rather than bypassed through general procedures.
– he underlined.
An attempt to use a general procedure to avoid waiting for elections or to bypass democratic legitimacy constitutes a circumvention of constitutional law, driven by populism.
– he adds.
In summary, the principle lex specialis derogat legi generali remains applicable to this issue as well, reinforcing the appropriate use of specific provisions over general ones in constitutional matters.
Let’s not go down this road
– Matczak notes with caution.
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