Subscribe here: [ Ссылка ] In less than 50 days the new Polish government of Donald Tusk and his ministers have led to the most serious constitutional crisis in the history of the Third Polish Republic. Polish radicals who proclaim themselves “Europeans” take over the state and its institutions using the fait accompli method and shielding themselves with the institutions of the European Union and international organizations. All this had been prepared for some time: without causing a stir, some lawyers and journalists wrote articles and books justifying in advance the possible policy of force and violation of the Constitution in the name of “restoration of the rule of law”.
Shortly after being elected to the position of Prime Minister, Tusk declared at a press conference that the new governing coalition would obey the law, “as we understand it.” It was an announcement to say that the criterion for evaluating whether something is lawful or not would no longer be based on the Constitution, laws and judicial institutions, but on the parliamentary majority. The “Tusk doctrine” based on compliance with the law “as we understand it” has become a guideline for the actions of various government representatives against the rule of law. The concept of “transitional period” has also been coined, during which it is possible to act against existing laws while waiting for the introduction of “adequate legislative solutions”. Therefore, violating the laws, the Minister of Culture fired the top management of the public media: Polish television, radio, the Press Agency and their supervisory boards, starting the process of illegal “occupation” of the public media.
But in thatI’m «restoration of Srule of law» the central role is played by the Minister of Justice, Adam Bodnar, who began the purge process in the National Prosecutor’s Office. The minister took measures that have no legal basis to fire the national prosecutor Dariusz Barski. According to the minister, Barski was illegally appointed to the position, and is therefore a retired prosecutor; therefore Bodnar appointed Jacek Bilewicz as acting national prosecutor (interim for two months). The lawyers point out that the regulation does not provide for an “acting” position, therefore Bodnar illegally invented a function not provided for by law. But the most shocking thing is the fact that the minister and the “interim” prosecutor Bilewicz were trying to break into the offices of the national prosecutor with the help of the penitentiary police which depends on the Ministry of Justice. It is an unprecedented fact: we are faced with colossal anarchy caused by a person who should monitor the legal order of the Republic of Poland and who instead violates the constitutional order and attacks the National Prosecutor’s Office.
In response to the minister’s moves, the deputy prosecutors general in a letter addressed to the president of the Warsaw Court of Appeal, the president of the Warsaw District Court and the heads of all services collaborating with the Prosecutor’s Office, underline that all the letters sent by Prosecutor Bilewicz, who carries out the functions of national prosecutor illegally, have no legal value and are ineffective. And these are very important issues: the effectiveness of the appointment of prosecutors and, above all, “decisions on temporary arrest, on the extension of investigations, on the interruption of proceedings and on decisions relating to operational inspections”. The deputy general prosecutors note: «The national prosecutor is Dariusz Barski, who was not fired according to the procedure established by the Law on the Prosecutor’s Office, which requires the consent of the President of the Republic of Poland». The Warsaw Regional Prosecutor’s Office is also conducting an investigation into the Justice Minister’s actions aimed at removing Barski as national prosecutor.
The former Deputy Minister of Justice, Michal Woś, speaking of the raid on the offices of the national prosecutor, said that the Minister of Justice wanted to forcibly seize “the documentation relating to judicial proceedings” and attempt to “stop the investigations conducted against the illegality of the new government”. All this to «implement Tusk’s plan». But we are only at the beginning of the occupation of the State by the left-liberal coalition: President Andrzej Duda himself is now in the crosshairs, who has clearly announced that he will not allow the law to be violated and to defend the rule of law he will use the his veto power.
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