Poland’s Special Committee Law Under EU Scrutiny and Regional Security Context

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The European Commission has expressed serious concerns about Poland’s new law creating a special committee to investigate Russia’s influence on Poland’s internal security from 2007 to 2022. The commission stressed in a Tuesday statement that it is closely examining the measure and stands ready to act promptly if necessary. Poland’s foreign affairs leadership has publicly disagreed with the EU’s view, arguing that the law follows Polish legal procedures and that the full text has not been fully considered by all parties involved.

EC statement on “concern” about Polish law

The new law is seen as potentially enabling political influence over public office without due process. Justice authorities at the General Affairs Council discussed the issue, and the European Commission indicated it would monitor developments and take swift steps if needed. The clarification was issued in the corollary of the EC communiqué.

Earlier, President Andrzej Duda announced his intention to sign the law establishing the commission and to refer it to the Constitutional Tribunal for a follow-up review. The Sejm had passed the bill during the previous month, with preparations beginning late last year and the parliamentarians indicating that the commission should operate with safeguards similar to those used by prior verification bodies linked to property re-privatization processes in the capital region.

In May, the Senate voted down the legislation, while the Sejm later rejected the Senate’s resolution. The proposed committee would scrutinize official actions, share information with third parties, influence board decisions, and potentially expose decisions that could impact public or corporate funds and contracts. It could also revoke administrative decisions tied to Russian influence and impose restrictions on individuals connected to public funds for specified periods, including security clearances for a decade.

Officials have stressed that the commission’s mandate is to uncover and address Russian influence rather than to wield political power or interfere in elections. This perspective was voiced by a senior foreign affairs official during an interview, underscoring the commission’s non-political aims.

Szynkowski vel Sęk: These are two false pieces of information

EU Affairs Minister Szynkowski vel Sęk rejected statements by Justice Commissioner Reynders as containing two clear inaccuracies, and he sought a direct conversation with the commissioner about the matter. Reynders had highlighted concerns about the law, arguing that it could deprive individuals of their right to stand for public office if implemented without judicial review.

The minister noted that the commission is not a court, and administrative decisions it could issue can typically be challenged in an administrative court. Reynders asserted that no avenue for appeal exists for those affected, a claim Szynkowski vel Sęk challenged as incorrect. The minister also indicated that he had invited representatives from the European Commission for clarification and discussed the issue with them in a recent meeting.

Two points were emphasized: first, the assertion that the law would prevent candidacy in elections is inaccurate; second, the supposed lack of a judicial remedy for those impacted by administrative decisions was disputed. The minister insisted that the rule of law remains intact and that decisions can be reviewed by the administrative judiciary.

These exchanges raised questions about the accuracy of the commissioner’s statements, prompting further discussions to ensure clarity and alignment with European legal standards.

Announcing a response to Reynders, the EU minister said that two errors appeared in public statements and that he would seek further dialogue with the European Commission to resolve lingering questions about the law’s implications.

“Most likely only one of us read the bill.”

The foreign minister openly disagreed with the EU Justice Commissioner, asserting that the law’s text and the Polish legal framework could be understood differently depending on who has studied it. He insisted that administrative decisions tied to the committee would be subject to judicial review within the Polish administrative court system, ensuring that the rule of law remains a central consideration.

The minister, who spoke at a regional conference, argued that a comprehensive reading of the law would reveal the safeguards and the avenues for oversight already built into the Polish system. He stressed that his interpretation reflects the procedural contours of Polish governance and that a well-informed reading is essential for an accurate assessment of the measure’s implications.

“I see no threat”

The head of the Foreign Ministry reiterated that the judicial review process provides two layers of scrutiny. He argued that there is no imminent threat to the rule of law, stressing that independent courts will determine whether any decision remains in force or is suspended during proceedings. This, he maintained, demonstrates a functioning balance between executive action and judicial oversight.

In his view, the risks associated with the law should be examined within the existing legal framework and not exaggerated, given that Polish courts retain the authority to oversee administrative decisions and protect individual rights.

The situation in Kosovo

Questions about regional stability arose when clashes between Serb demonstrators and NATO-led KFOR forces in Kosovo caused injuries among both Serb and NATO personnel. The region has seen rising tension after Albanian-majority mayors assumed office in areas with substantial Serb populations. The international mission reported injuries resulting from confrontations involving security personnel and demonstrators as demonstrations continued in several towns.

The Foreign Ministry expressed solidarity with international efforts and emphasized its commitment to regional stability. The minister highlighted his participation in OSCE activities and noted that despite ongoing tensions, there were no new grounds for escalation beyond existing concerns.

Meeting in Oslo

Questions about the informal NATO foreign ministers meeting in Oslo centered on two Polish priorities: strengthening Ukraine’s institutional ties with NATO and advancing the alliance’s Madrid summit strategy. The discussions also touched on Sweden’s accession, with some comments linking progress to political developments in Turkey and the status of ratifications within NATO member states. As of now, Turkey and Hungary have not completed approval for Sweden’s bid to join.

Additional reference materials aligned with these topics highlighted ongoing EC considerations and related questions about the Commission’s information handling. ajap PAP

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