The Polish Prime Minister, Donald Tusk, and his government are employing the concept of ‘militant democracy’ to safeguard liberal democracy from its right-wing adversaries. However, this approach has raised serious concerns about the government’s willingness to violate Poland’s Supreme Court and the Constitutional Tribunal rulings. These concerns have been echoed by both domestic and international entities, adding to the gravity of the situation. In a recent conference about finding solutions to a political crisis, Tusk emphasized the importance of relying on one’s strength and determination and the concept of transitional justice.
The previous government, led by the Law and Justice party, encountered opposition from left-liberal parties and the European Union. With a new coalition government led by Donald Tusk, there is a significant shift in power and governance approach. The United Right government faced criticism for altering the process of appointing judges on the National Council of the Judiciary, leading to a dispute with the opposition and the European Union over judicial independence.
The Polish government has introduced a new law that would impact about a third of the country’s judges, resulting in some judges being reinstated to their previous positions and facing disciplinary procedures. In contrast, others would have to express regret for their decisions to remain in office. These actions are viewed as a violation of judicial independence, with concerns raised about recent personnel changes made by the Justice Minister at the country’s most important courts, undermining the judiciary’s independence in Poland. Poland’s ombudsman doubts the legality of the justice minister’s actions, citing insufficient guarantees to protect court presidents and vice presidents from arbitrary dismissal before the end of their statutory term.
The situation in Poland’s judiciary is troubling. There are allegations of political interference, with judges being replaced and arrested under dubious circumstances. These actions could delay legal cases and impact the country’s application of EU law. Additionally, there are concerns about the legitimacy of the Constitutional Tribunal and the violation of the principles of the rule of law. The endorsement of these actions by some European elites is also troubling.
Bartosz Lewandowski, attorney at law (Polish Bar Association in Warsaw), PhD, defence lawyer of Mr. Marcin Romanowski, also working on a regular basis with the Ordo Iuris Institute for Legal Culture
Original:
https://brusselssignal.eu/2024/10/tusk-calls-it-militant-democracy-as-he-rejects-and-violates-decisions-by-the-courts/
