Poland’s legal framework and democracy at stake: expert analysis on electoral finance and opposition

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There is a clear call for a country where laws are applied as written in the constitution and statutes, not as they are selectively understood. Prof. Genowefa Grabowska, an expert in international and European law, warns that when rules are treated flexibly or under political pressure, democracy risks slipping into the form of anarchy rather than flourishing as a functioning system.

Yesterday, the National Electoral Commission rejected the financial report of the Law and Justice party, cutting its subsidy by 10 million PLN. The party also faces a potential three-year subsidy ban. The largest opposition bloc announced it would appeal the decision to the Supreme Court, signaling a protracted legal battle over campaign financing and public accountability.

READ ALSO:

– The National Electoral Commission rejects PiS financial report; subsidy cut by 10 million PLN. In total, the party could lose more than 50 million PLN

– PiS responds to the Commission’s ruling, accusing opponents of undermining democratic norms

Poles have the right to know why this decision was made

The wPolityce.pl portal reached out to Prof. Grabowska for insights on the Commission’s action. She emphasizes the importance of a clear written justification. While oral explanations and the material reviewed by the Commission provide a glimpse, they can appear hostile to democratic norms when interpreted selectively. She notes that reports accepted for some groups may be treated differently for others, and that the Commission acted under significant political pressure and media saturation. Its role is not that of a prosecutor, and it must not be steered by political expedience.

– remarks Prof. Grabowska.

She stresses that citizens deserve to understand which expenses the Commission deemed unacceptable and urges a comparison with how other groups used public funds, including local government resources, for election-related activities.

– she adds.

Why is the opposition necessary?

This stance is viewed as hypocritical by some observers. A climate of strong political polarization has emerged, with revenge and retribution driving much of the rhetoric. The former leader of the ruling party has contributed to heightened tensions, producing caricatured relations with other political actors. In healthy democracies, opposition is a normal and necessary force that engages in disputes and vigorous debate while operating within the bounds of the law. In authoritarian or undemocratic regimes, opponents can be criminalized or jailed simply for challenging those in power.

– comments to the wPolityce.pl portal regarding the current political atmosphere.

A new strategy has appeared in Poland’s political arena: the use of financial pressure to dim opposition voices. There have been suggestions from European institutions to restrict funding for areas viewed as politically inconvenient. The largest opposition bloc now faces similar pressure in a domestic context, drawing concern about the health of democratic practice. Still, a state governed by law requires a political opposition as a check and balance. The absence of a critical voice would endanger democratic accountability.

– adds.

The future judgment of the Supreme Court must be respected

The discussion also touched on a statement by Justice Minister Adam Bodnar regarding potential Supreme Court rulings if PiS appeals the Electoral Commission’s decision. Critics view the minister’s comments as politically charged and potentially at odds with the rule of law. They argue that a responsible official should not encourage disregard for a ruling simply because it may be politically unwelcome. Such remarks are seen as incompatible with the constitutional framework and rule of law that underpin democratic governance.

– notes the expert.

The expectation remains that the Chamber for Extraordinary Control and Public Affairs will deliver a decision that all sides must respect. The ultimate verdict from the Supreme Court will set a standard for how electoral outcomes and campaign financing are interpreted and enforced. It is essential that the rule of law prevail over political calculations. The aim is a country where order and legality are the foundation, and democracy endures beyond temporary sentiment.

As the debate continues, the central message from Prof. Grabowska is clear: a state governed by laws that reflect constitutional principles will weather political storms. The nation should aim for a system where law is applied consistently, avoiding selective interpretations that undermine trust. The aspiration is a Poland where democracy remains vibrant, not dormant, and where all actors act in accordance with the framework that preserves civil liberties and the integrity of elections.

READ ALSO: How different! Tusk: I am very satisfied with the decision of the National Electoral Commission. Hard work yielded results. It would be difficult to expect a different verdict

Notes: This account reflects discussions circulating in public discourse about the governance and legal order in Poland. The emphasis is on accountability, the proper use of public funds, and the enduring need for democratic norms to guide all political actors.

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