The process of restoring the rule of law was initiated by the voters’ decision made on 15 October 2023. Unfortunately, any further steps are not as effective as they could be due to the decisions made by the departing government.

“These eight years resulted in significant devastation of the entire system, and these are hardly black-and-white situations - we are dealing with various shades of grey, with loopholes and diverging interpretations of the law. In a sense, everybody is right when they are making statements concerning what should or should not be done, even if these statements differ from what others are saying,”

said Prime Minister Donald Tusk during the meeting.

We are seeing some level of rot across the entire state system, which concerns laws, acts, bills, as well as the Constitution itself. One of the core issues concerns interpretation of the rules and their application by the authorities.

“Does this mean that we lack fixed points of reference or that there are no actual legal, scientific or political authorities? I believe that nothing has changed in that regard - we have a group of outstanding lawyers who deal with the legal system, as well as the Constitution. The circumstances and the current situation have changed. As the Prime Minister, I try to abide by the law as far as it is possible, in line with the acts and laws, as well as their interpretations - even in the context of the devastated political system,”

he noted.

With each passing week, the debate on the application of the law, and the Constitution in particular, is gaining momentum. It is becoming one of the most heated public debates, which sparks controversies beyond the legal community.

 

“If we want to restore the constitutional order, the foundations of liberal democracy, we have to deal with situations where we do not have the right tools to apply the necessary changes and correct the course. This concerns the legal tools left by our predecessors, whose aim was to destroy this legal order, rather than make it better,”

the Prime Minister stated.

The Parliament has already passed a law on the National Council of the Judiciary, which has not been signed by the President and has been referred to the Constitutional Court.

Restoring legal order is paramount

Every day, the Polish government takes decisions that are thoroughly assessed by the legal community. Even though they can be controversial, their aim is to restore legal order.

“Today, we need to stand for the Fighting Democracy. It is likely that we will make mistakes or do things that will be incompatible or not fully compliant with the provisions of the law, according to some legal experts, but we need to keep working and keep doing things every day,”

Donald Tusk explained.

Another problematic aspect is the activity of people with ties to the previous government, who are still relevant and active in the institutions. The key issue concerns the so-called neo-judges, as well as the three judges of the Constitutional Court.

“I do not believe that formulating legislative proposals is the right way to go, when the field is still filled with political actors, who are going to ignore these provisions anyway. They consider the political will more important than the rule of law or the Constitution,”

the Prime Minister explained.

In early March, the Sejm issued a special resolution stating that the violations of the Polish Constitution and the law committed by the Constitutional Court are so extensive that it is impossible for this body to perform its constitutional tasks.

Just a few days ago, the Prime Minister met with representatives of the legal community at the Prime Minister's Office. There, together with the Minister of Justice, he listened to the communities that have stood steadfastly for values throughout the years.

“I would be the happiest Prime Minister in Europe if this and the subsequent meetings would lead to a binding interpretation of all these today's questionable regulations and loopholes. In many cases, I am faced with the dilemma and I have no idea what to do, especially when I do not have the legal tools to do the right thing and make the right decisions, and everything I do will be in a legal vacuum,”

Donald Tusk admitted.

The conversation with experts is intended to support the Polish government in the difficult process of restoring the rule of law.