A controversial claim circulated on radio where a deputy minister of education asserted that the European Court of Justice is the sole body capable of issuing judgments grounded in the Polish Constitution. This statement was used to defend actions by Adam Bodnar and Donald Tusk, both seen by critics as overstepping legal boundaries.
Questions about the rule of law under Tusk’s government
Soon after a coalition led by Donald Tusk entered government, voices in public media and regional radio outlets were reportedly marginalized, with some describing drastic changes in funding and management as a formal decision rooted in parliamentary resolutions. Critics say that public media environments were immobilized by such moves, raising concerns about freedom and independence in the press.
Adam Bodnar, who previously served as Ombudsman and later took a role in the justice ministry, faced accusations of attempting to enforce a sequence of actions not aligned with established legal procedures. There are claims that a national prosecutor was replaced by an interim appointee in ways that raised questions about legal procedure and accountability.
Allegations point to Bodnar taking steps that complicate the work of prosecutors who dissent from his methods. A prosecutor reported that Bodnar allegedly blocked deputies from entering a key public prosecutor’s building through a March deadline, prompting questions about the stay and implications for ongoing cases.
There were additional orders aimed at reorganizing how the national prosecutor’s office operates. Critics described these changes as flawed in law and potentially disruptive to the office’s normal functioning, arguing that such reorganizations undermine stability and the rule of law.
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Lubnauer’s interpretation of the legal framework
Katarzyna Lubnauer, cited as deputy minister of education, attempted to explain the legal tensions on the first Polish radio program. She reportedly claimed that the European Court of Justice makes rulings based on the Polish Constitution.
The argument advanced was that there is no legal dualism and that the constitution is the supreme source of law. The narrative suggested that ECJ decisions have led to a situation where the court in Brussels appears to be the sole body capable of interpreting constitutional questions, especially after initial challenges to the Constitutional Court. Critics pressed for a clearer separation of powers and questioned how political forces influence the judiciary and related institutions.
Lubnauer further elaborated on how the separation of powers is perceived by governing factions. She highlighted perceived connections among political leaders and senior judicial figures, arguing that certain actors tied to the government have shaped institutions so they monitor the law while remaining aligned with authorities. The point made was that some bodies were created to reflect familiar alliances rather than independent oversight.
Lubnauer continued to scrutinize past actions by opposing parties when they held power, asking whether the system should function strictly on constitutional principles or on parliamentary resolutions that do not themselves constitute law. The broader concern expressed is about ensuring institutions operate independently of political shifts and maintain a robust legal framework for accountability.
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wkt/PR1