Tag: COVID-19

Civil Development Forum (FOR) presents the third report on the crisis of the rule of law in Poland. This part deals with the rule of law and the functioning of the legal system during the COVID-19 pandemic

In accordance with Art. 2 of the Constitution, the Republic of Poland is a democratic state ruled by law. This is linked to the separation and balance of powers, the rule of law, the supremacy of the Constitution, and respect for international law – in short, everything that is currently under attack. Therefore, if a de facto change to the constitutional system of the state is taking place in front of the public’s eyes, can we speak of a coup d’etat?

Voting entirely by post can breach the constitutional principle of the universality of the elections. The campaign being conducted does not respect the principle of equal opportunities for the candidates, while the citizens are not receiving even a minimal amount of knowledge about the elections. Held in this way, they cannot be consistent with international standards.

Law and Justice party has just excluded a key institution from the process of preparing the elections: the National Electoral Commission. Former Chairperson of the Commission Judge Hermeliński: such a change in the electoral laws and procedures is in breach of Article 2 of the Constitution.

The CJEU has ruled that the Disciplinary Chamber of the Polish Supreme Court may not conduct disciplinary proceedings against judges or refer them to courts which do not meet the criterion of independence under Union law. The ruling is in force until the CJEU renders final judgment on the European Commission’s complaint against the Polish government. The judgment will be handed down in the second half of 2020.

Jarosław Kaczyński wants to organize the presidential elections in Poland in May at all costs. Law and Justice deputies have just submitted a bill to allow all Poles to vote by post. If local governments refuse to cooperate, will the army and the police help to organize elections?