More than 7 years ago, prof. Jerzy Zajadło wrote about legal imposibilism in the March issue of the State and Law. In general, thesis he put in his article was beating in the Law and Justices, which, as we remember, he fought with the Constitutional Tribunal to which the PO, together with the PSL, chose the alleged judges to take the positions.
Prof.
In the Polish political and legal language, the concept of "legal imposibilism" appeared during the first regulation of Law and Justice (PiS) at the turn of 2005 and 2006. Its author is M. Jurek, but it was mainly distributed by PiS president J. Kaczyński. With his name, too, it was from the very beginning and is inactive associated.
This concept is mainly found in the language of propaganda political journalism and, to the state of my knowledge, has not yet been subjected to a thorough technological analysis based on modern explanation and doctrine of law. In the author's intention, he was originally given a definite pejorative sense—a synonym of embarrassing and irrational legal formalism, which allegedly prevents certain and desirable social regulations and is simply a brake on progress. ...
Thus, ‘Imposibilism’ meant any imaginary ‘inability’, ‘inability’, ‘inability’, ‘inability’ of a change in the legal state arising either from a deficiency of legal competence or from a politically motivated sick will. It is not rather clear what and who the creators of this concept were liable for specified a situation. This could have been both the law itself and its interior (and in their opinion unjustified) limitations, and could have been the lawyers who utilized it with their supposedly rigid approach to the dynamically developing reality. In any case, "legal imposibilism" is in a semantic sense a certain populistly attractive linguistic neologism, created to the propaganda needs of a peculiar model of formation and change of the legal order (...).
Seven years after writing these words, however, it turns out that another squad is hiding behind the same supposedly populist language neologism. After all, we remember how the Law and Justice Offices and institutions dug in, preventing “democratic” changes. In addition, “PiS President” Andrzej Duda was to stand watch over government passed by Parliament and veto laws introducing “European and democratic solutions”.
Thus, legal imposibilism in the purest form – passed by the Sejm in the erstwhile word of office of the bill plus presidential veto was intended to limit actions to repair the Republic of Poland. Just in case, the Sejm didn't even effort to make certain it was real.
However, erstwhile we mention the first weeks of the government of the Tusk coalition called the increasingly common a disgrace on 13 December We see that this kind of imposibilism for people led by Sienkiewicz and Bodnar did not exist.
Instead of bills, resolutions were used. This is how public tv and another media so far counterbalanced the ubiquitous Polish-speaking broadcasters.
True, theoretically considering the problem, we must agree that the public broadcaster should represent the full Nation. So in addition to the place for Catholic and right-wing publicists, there should besides be a place for the “cowards” and even the Jaruzelian acorn Adam Mazgula, nb. publishing now on niche portals created by fraudsters wandering with impunity during Tusk's first rule.
But the media marketplace in Poland is sick. Apart from state media, only TRWAM TV, the Republic and the most niche presently in Poland24 were full Polish media.
UThe attack on public tv immediately after taking power was intended to deprive the right individual of his ability to influence society.
The fact that this did not happen should be treated as a miracle.
However, this is simply a subject for a separate story. ;)
For us, however, another constitution is most crucial – the Law and Justices starting their regulation in 2015 stood in front of a imagination mastered by the predecessors of the Constitutional Court, in addition to the judges chosen to "restore" so that, by the next word of office, the dominance of the PO and the PSL in the Court would be preserved, which would, according to all announcements, effectively block state reforms (another matter, that it was blocked anyway, but already through the bodies of the European Union, where at least nominally Tusk played the leading role) so he had to tap the blade of the sword that the outgoing authority left behind.
Meanwhile, for compromise 13 December specified obstacles do not exist. alternatively of laws, it acts in accordance with resolutions, although these according to the Constitution have no legal power outside the building of the Sejm.
In addition, we remember that Tusk's prescription to make personnel changes in the most crucial organs is simple – it is adequate to send strong people to bring out the “writer”...
However, since the present Sejm does nothing another than the actions marked before the elections on October 15 with 8 stars, the obstacle lies entirely in something else.
After all, if there was a parliament resolution to take over the media, all the more reason to introduce single-sex marriages or homoadopted marriages.
There are many more cases like this, but we will not list them all.
GThe energy rule of all dictatorship is the same in all case – the hardest is to break the law for the first time. After the 3rd case, however, this is starting to become routine. December events have shown that the disgrace of December 13 before breaking the law has no resistance.
But why is nothing happening?
For a beautiful simple reason.
Compromise 13 December it does not prevent legal imposibilism. The fact that all the energy of all these parties, parties and average couches from Sasa to Las are simply incapable to scope a consensus of any sensible decision is the consequence of a deficiency of consensus.
What's more, they have the nerve to talk about it in public. A fewer days ago, on the Klarenbach programme, a associate from Holownia called for a deficiency of implementation of pre-election promises for a coalition agreement that did not seem to have foreseen them.
It's like Janosik promised to rob the rich and give to the poor, but after creating a coalition with number and Murgrabia, he took on... taxation collection from the surrounding villagers. Granted, he promised otherwise, and he insists that he will, but what can the mediocre do now that the coalitions do not want to fulfill his demands? ;)
So we are inactive dealing with the same thread of individual coalitions. But erstwhile individual asks about the implementation they hear only that it cannot be done within the coalition.
What is the warrant that the next election run will not be repeated?
After all, 60 1000 PLN free of tax, simplification of wellness contributions, paid leave for entrepreneurs, holidays of ZUS, the elimination of queues to doctors, grandmothers, the recovery of supposedly lost from the PiS of a place in Europe, abortion most likely up to the age of 12 children, if I remember correctly, etc.
Meanwhile, we have a more and more extinguished country, a blob with which his erstwhile EU friends do not talk (see: no invitation to Ramstein, where the arrangements for Ukraine will take place), a collapse of the wellness services, always clearer withdrawal of capital, bankruptcy of companies, expanding inflation and unemployment.
In addition, the improvement of education according to Nowacka, i.e. in the next fewer years, a mass of dummies.
That's why the séance of hatred for the PiS is inactive fueled. The hope for the continuation of Tusk is seen in increasingly violent games. That's all that matters to less and less people. The holovnia, which was only a fewer months ago viewed and admired by a large part of society (new quality in politics) now begins to be regarded as a tacky conference player, operating respective greps on the cross.
In addition, the flood in the conventional year-old parent KO and the clearly limping aid surely brought supporters... of today's opposition.
Similarly, the earlier closure of the power plant and the extinction of the lignite mines, although in Germany this manufacture has late developed intensively. Malignance of destiny – there, too, the triumph in the last parliamentary election was the disgrace of 13 December.
People see more and more clearly that they have just been confused to usage the latest word for primitive greed and stealing power.
They besides see that the only binder compromise 13 December was a desire to regain power for the usage of the commonwealth briefly referred to as Fuck the Scriptures!
And that was the only thing we had in common.
So Tusk clearly bribes the coalitions by multiplying on a scale different in Polish past after 1918 the number of ministries, deputy ministers, etc. cast them regardless of their qualifications or actual needs. But that seems like a strategy calculated by short distance.
Because there's truly no money. I wouldn't.
Instead of experts wherever they could, the organization activists came in.
So he looks what he looks like.
O the real level of support for the "red regime" is not evidenced by polls. As we remember, 2 months before the 2015 presidential election Komorowski supposedly had about 80% of supporters, ready to vote for him.
Meanwhile, 1 of the most nonsubjective standards is the always expanding number of vacancies in the Police.
The situation we are in requires decisive action.
But in the existing political strategy it is impossible simply.
An exotic coalition, called a disgrace on 13 December, is incapable to act.
What truly bothers Poland present is Coalition imposibilism, besides called political.
The Tusk Coalition is simply incapable of action.
20.10 2024
