Many points to the fact that all these legal disputes have been increasing in the 3rd Republic for a decade, are slow reaching the climax. At a time erstwhile the state prosecutor announces that he has no intention of listening to the judgments of the ultimate state court, it is safe to say that the distribution of the defective state strategy is indeed complete. But nature hates vacuum and erstwhile the cocoon of the 3rd Republic of Poland rots, any pupa comes out of it...
It must be said that we Poles have reasons for a certain, circumstantial gratitude to the current government, as well as its predecessors, reaching back at least 10 years, to the earlier government of the Civic Platform – but who knows, possibly further? Let us be grateful to our full political class. For it gave us a large spectacle – a degradation of the system, a process that can sometimes last and a 100 years, which can be completely unnoticed by even very attentive observers, in our country it is so fast that we can see it with the bare eye – if anyone wants to see it. past is happening right in front of us! There'll be something to tell your grandchildren. And we, the ungrateful, are inactive complaining that we did not want this at all; that we would like our country to be citizen-friendly, to warrant them freedom; to deal with their problems and to defend them from the temptations of their neighbours. Oh, we foolish! These things can be found everywhere, but the fast decomposition of the state – this is unique, that with a candle to look abroad...
Pre-myocardial infarction
Even in the case of the 3rd Republic of Poland, the series of events that led us to the present situation, to a pre-wave condition, where could cardiac arrest happen any minute now – or possibly a better analogy will be a stroke to the brain? – the process was alternatively lively, but inactive in a calm way. So calm that, to this day, a large proportion of the politicians active are stubbornly denying that whatever happened. By diagnosing the problem not so much mistakenly, but alternatively backwards, they request to usage even more precisely the poison that led us to this condition due to the fact that they see a cure in it.
Of course, here 1 insignificant but critically crucial reservation must be made. erstwhile I talk about this large part of politicians, I don't mean leading figures. They, I dare say – and at the same time, accuse – know precisely what they are doing.
In any case, as a consequence of actions once, erstwhile on the another side, we have reached the point where our country virtually begins to disperse in stitches. We have a government that doesn't admit any of the courts. We have courts that don't admit parts of the courts. We besides have any courts that don't recognise the D.A. and we have a president who besides de facto – but as usual, kunktatorski, without putting a dot over i – just announced that this prosecutor no longer recognizes. And of course we have a prosecutor's office that does not respect the judgments of any courts – with the ultimate Court and the Constitutional Court at the head. There is so no longer a right to enforce, but to interpret it. Since the same ultimate Court is liable for approving the legality of elections, only to wait for the court or opposition to declare that the Sejm, in which the majority do not recognise the ultimate Court, is not a legal Sejm, which would be logical adequate that Members could not seriously accept the parliamentary nominations approved by the body which they do not recognise. Or possibly something else, even more amazing – there will be an excuse for the government and the majority of the parliament to halt recognizing the president, or vice versa: the president will halt recognizing the government?
In short: we are at a point where there are 2 parallel legal orders in Poland, although only 1 of them has a power apparatus. For now, the situation is simply a farce, as it seems that this fact has no effect on our everyday life; that disputes at the tops of power do not truly translate into anything – but it is only a substance of time. This heart attack seems inevitable. For now, we look at it as a farce, but there will come a minute erstwhile farce turns into drama.
Who...
This is the minute erstwhile supporters of 1 side and the other, reading the text, begin to shout, proving that the another side is guilty of everything. Oh, no, my dears! You've both had a chance to halt many times, and yet you've been swamped.
Yes, if, after so many years, it has any meaning ‘who started’, it would be essential to point the finger at the Platform, which in 2015 made a ferocious decision on the unlawful selection of excess judges to the Constitutional Court. This undoubtedly started the active phase of the full conflict – this is simply a political organization in the face of the electoral defeat that has made an informed decision to effort to consolidate any of its influence by taking steps beyond constitutional powers.
However, that step of the Platform, 1 must admit, was a trifle compared to the actions of the Law and Justice in subsequent years. The PO began the fight in a way that was compromising itself; and at the same time a way that could be trivially easy broken. However, the Law and Justice saw it as an excuse to go much further. The government, together with the President, rejected not only those surplus, unlawful judges, but besides those chosen in accordance with the procedures. That's how the judge-dubler case went today. This was besides the minute erstwhile media related to the Platform stopped talking about the Constitutional Court as a legal state body. 1 Lord knows why it was the ruling then, what they thought they had achieved. Did they not realize that they would undermine the full Court? So far, everyone knew that the judges were from organization nominations, but it was trusted that the distribution of this process between the various word of office of the Sejm makes the influences of different parties balance. Now the Law and Justices have shot themselves in the ft – in fact, they would have been able to name almost the full jury. By doing so “for the rhyme”, he gave his opponents a reason to reject in advance the legality of the parts of judges appointed at that time.
This, of course, did not end - since the legality of the Constitutional Court and its judgments could be undermined, it could be called into question by successive reforms imposed by the Law and Justices, arguing that even if they were contrary to the fundamental law, there was no Court that could say so. If so, the opposition claimed the right to reject the constitutionality of various changes in the judiciary – why, of course, the abroad courts were applauding the occasion to interfere with the Polish system. The utmost incompetence of these reforms, which never achieved the intended – and in a way rather right – goals, has not helped, but has increased chaos and confusion each time.
I wrote here about the faults of the regulation of law and justice, due to the fact that let's not deceive ourselves – if the sympathizers of 1 of these 2 major parties read these words on this portal, they will alternatively be supporters of the Law and Justice, and I want it to come to pass: even if the Platform started, then the Law and Justice, of their own will, consciously and deliberately decided that it would not quench the dispute, but on the contrary, blow it up. This is an effort of Law and Justice originally a tiny scratch on the state building has grown to a immense degree of crack. While the Platform began all this in the face of its own election defeat, at the minute erstwhile it was losing power anyway, the PiS began to act this way immediately after taking power erstwhile there was time for calm, thoughtful movements. Moreover, it can be felt that the actions of the United Right Government were intentionally sharper, due to the fact that at the time the platform's taking to the street effectively prevented the organization from reflecting on the failure and did not make it popular. It was not understood, however, that psychopathic opposition and extremism on the another side were driven by specified measures. As long as the opposition lost the election, 1 could laughter at the various “strong together”. However, after last year's PiS election defeat, all of these actions came to an end in a dramatic way erstwhile the so-fanatized opposition gained power.
It can be said: The Law and Justice, through their very conscious actions, has led to a situation that is simply dreamed of for their opponents – here we can break all laws and blame the opposition with the argument that "we break the law due to the fact that they broke them." So what if the Law and Justice organization has mostly been on the verge of law in its actions, and the Platform website is openly breaking them and mocking court sentences and even courts themselves today? Of course, the moral work for the current actions is borne only by the current government – but its predecessors have contributed to the fact that a large part of the nation applauds the violation of the law and sees the restoration of order. So the blame lies on both sides.
There's no good waiting behind the wall.
Supporters of both parties can bid, who's first, who's more, who's harder, and so on... This does not change the fact that our judicial strategy seems to be in a state of full decay, where any judgement can be called into question soon, arguing that it is the judges or prosecutors who were wrongfully appointed. And the thing is, as you say, it's developmental. The war upstairs is on.
Today no uncertainty the current government has the advantage, which in its erstwhile actions, and especially the latest, proved beyond uncertainty that the 3 divisions of power in Poland, which have been so praised by the politicians, do not exist. All enforcement tools – police, prosecutors, approval of applications for the Court of State – lie in the hands of a government that has no interest in the prosecution of crimes committed by the same government. This means that in the coming years we can inactive see a lot, a number of things may surprise us, and the notion of a "banan republic" may be rather common to us. Who knows if there will be a return of action after that – it may turn out that despite all of these efforts on the Platform's side, the Law and Justice, or any subsequent mutation of this formation will return to power in a fewer years and will begin to turn everything on the another side, escalating conflict to an even higher level.
One thing seems certain. In a situation of decay and instability of the current system, where we objectively see that there is no defence against abuse of power—on any side—and in the absence of any desire to work out the essential changes together, unless there is simply a miraculous, unexpected turn, sooner or later we collide with this wall. And behind it lies a fresh system, imposed by the victors, whatever they may be. However, he would be wrong, who thinks that if only his side prevails, then after overthrowing this present, sloping, full of defects and contradictions of the 3rd Republic, something better will emerge. erstwhile both sides strive for complete impunity, to be irresponsible to anyone, how can it be realistic that they will change anything in our favor? In the meantime, very real, very circumstantial challenges facing our country are inactive intact, and so it will remain.
Jakub Majewski
