Poland is facing a political storm as tensions escalate between the current left-liberal ruling coalition, led by Prime Minister Donald Tusk, and the Constitutional Tribunal, dominated by judges appointed by the former conservative Law and Justice (PiS) government. Accusations fly as coalition member Szymon Hołownia criticizes the Tribunal's interference in legislative processes, particularly regarding the controversial Pegasus Commission. In a fierce rebuttal, Judge Julia Przyłębska, President of the Tribunal, defends the court's authority and condemns Hołownia's remarks as a call for lawlessness. This clash over legal interpretations and constitutional mandates signals a critical juncture for Poland's democracy, as both sides grapple with the implications of their actions on the rule of law.
Tensions are boiling over in Poland, with continued mudslinging over differing interpretations of legal protocols regarding everything from media shutdowns to dismissed judges.
Most of the focus — and outrage — has been on the current left-liberal ruling coalition, led by Brussels darling Prime Minister Donald Tusk, taking what is seen as extreme liberties with its democratic mandate, primarily in terms of actions considered constitutionally questionable.
For their part, Tusk and his toadies contend that the constitutional revisions made by the former conservative Law and Justice (PiS) government, along with numerous appointments to the judiciary, were questionable to start.
Now, Szymon Hołownia, current Marshal of the Sejm and member of Poland 2050, part of the ruling coalition, has attacked the Constitutional Tribunal, claiming “every week it prohibits us from something new, and if it could, it would prohibit us from entering the Sejm.” He also complained that PiS-nominated tribunal judges (namely, Stanisław Piotrowicz, Krystyna Pawłowicz, and Julia Przyłębska) cannot just “switch off the Sejm.”
Hołownia specifically pointed to interference with the operation of the Pegasus Commission, claiming that Judge Piotrowicz, “as a representative of the previous government, would rather not explain the cases at stake, namely the extensive use of the Pegasus Spyware by the former PiS government.
In response, Judge Julia Przyłębska, the President of the Constitutional Tribunal, told portal wPolityce.pl in response to Hołownia’s attacks on the Tribunal:
“The Speaker of the Sejm violated all the principles of democracy and the rule of law (…) It is time for reflection, reading the Constitution, and acquiring knowledge about your competencies.”
She further called Hołownia’s “disrespectful attitude” proof of the “lawlessness spreading in Poland, destroying the foundations of democracy.”
After reminding the speaker that the judges of the Constitutional Tribunal had been elected democratically, she added: “Your office does not give you the possibility of changing the Constitution on your own and shaping the legal system at will.”
Judge Przyłębska stated that Hołownia’s words were essentially calling for a boycott of the constitutional body of the state, then reminded him that the job for which he is being paid is “to execute the judgments of the Constitutional Tribunal, not just to comment on them.”
