Poland’s governing officials faced sharp criticism over the creation of a State Commission tasked with studying Russian influence on the country’s internal security from 2007 to 2022. Critics argued that the committee is unconstitutional and risks stoking protests worldwide, a point stressed by Senate Marshal Tomasz Grodzki and others who reject the move as partisan and harmful to democratic norms.
The Sejm approved the law establishing the commission on April 14 of this year, with planning to set it up beginning in December of the previous year. Supporters noted that the commission would operate under a framework similar to a prior verification body linked to the re-privatization of Warsaw. On May 11, the Senate adopted a resolution to reject the bill creating the committee, but the Sejm subsequently voted against the Senate’s stance. The President signed the enacted law earlier this week, and it took effect shortly thereafter, as published in the Journal of Laws.
Senate leadership’s framing
With the Democratic majority controlling the Senate, leaders indicated that any unconstitutional bill would not pass there. Grodzki stated at a press conference that proposals resembling inquisitorial courts resemble a neo-Bolshevik model and would take Poland back to a stage reminiscent of older authoritarian systems in the region.
He also recalled the Senate’s earlier rejection of the law establishing the Committee on Russian Influence, signaling ongoing opposition at the legislative level.
A month earlier, a Senate delegation visited the United States, meeting with members of the U.S. Senate and the State Department. Grodzki described the reaction as one of surprise at the idea that a governing body could strip individuals of public life rights, noting that American partners viewed the situation as a significant concern for Polish democracy.
Grodzki described the passing of the law as a vote expressing no confidence in security services tasked with countering Russian influence, including intelligence and counterintelligence agencies, suggesting that the governing party’s leadership did not fully trust these agencies.
Speculation persisted that some in the ruling party’s orbit questioned the loyalty of services tasked with homeland protection.
Allegations regarding the presidential role
The head of the Senate’s KO bloc, Senator Marcin Bosacki, cited signals from Washington and Brussels indicating that the law might conflict with the Polish Constitution and could concern allies who have watched the situation closely over the past month. He noted that despite initial Sejm approval and subsequent Senate rejection, the president reportedly signed the legislation against constitutional guidance, a claim he framed as a constitutional breach.
Bosacki pointed out that the United States historically refrains from commenting on internal political matters of allied states, but in this case issued a formal statement from the State Department warning that the new commission could threaten free and fair elections in Poland.
According to Bosacki, the law appears aimed at sidelining political opponents ahead of elections, potentially compromising essential Polish alliances and national security. He underscored concerns that the legislation jeopardizes Poland’s political and constitutional framework.
Senate Deputy Speaker Gabriela Morawska-Stanecka argued that the establishment of the committee violates several constitutional principles. She emphasized that judicial power in Poland resides with the courts and that a body formed outside the judiciary cannot be a court, thus exposing citizens to criminal sanctions without due process.
She warned that such penalties should only be imposed through judicial proceedings in two instances with full defense rights, and that assurances of potential administrative remedies do not change the constitutional issues involved. Morawska-Stanecka urged caution about creating bodies with the power to strip rights or impose sanctions without proper legal safeguards.
In her view, the proposed framework would threaten the separation of powers by placing investigative power and sanctioning authority outside the court system, a concern repeatedly raised by opponents.
The discussion surrounding the commission touches on core questions about the balance between national security measures and constitutional rights. The debate continues as lawmakers, government officials, and international partners assess the implications for Polish democracy and legal standards.
Note: The above summarizes the evolving political discussion and is based on parliamentary statements and official positions reported in the press. It reflects multiple viewpoints and the central legal questions raised by the proposal, including the compatibility of the measure with constitutional guarantees and the potential impact on Poland’s relations with its allies. Citations: (Citation: wPolityce); (Citation: State Department briefing); (Citation: Polish Senate records).