Tusk: Shouting and lies cannot be a source of law in Poland

Accusations of undermining the legal order

Polish Prime Minister Donald Tusk publicly accused the Law and Justice party (PiS), former President Andrzej Duda, and the current head of state Karol Nawrocki of undermining the rule of law. The main cause of the situation escalating was a conflict surrounding the Constitutional Tribunal, which took on sharp forms after clashes near the institution's building.

The video address to Polish society, in which these statements were made, was published on the evening of 31 October.

Reaction to the attack on judges

«Атака на Конституційний трибунал і його суддів є черговим етапом процесу руйнування верховенства права в Польщі з боку PiS та президентів Анджея Дуди й Кароля Навроцького» (The attack on the Constitutional Tribunal and its judges is another stage in the process of undermining the rule of law in Poland by PiS and presidents Andrzej Duda and Karol Nawrocki), the head of government stated.

Tusk emphasised that a democratic state must be capable of ensuring compliance with the law. In his words, concessions to lawlessness and violence are not an acceptable path to stability. The Prime Minister noted that the police acted calmly but decisively, protecting the Constitutional Tribunal from aggressors.

Blocking of government initiatives

The government led by Donald Tusk, together with the parliamentary majority, attempted to restore the full functioning of the tribunal. The authorities proposed that political forces and both presidents adopt joint decisions and laws to restore the rule of law. However, as the Prime Minister noted, these initiatives were blocked by the president and the PiS party.

Following this, the Sejm elected new judges of the Constitutional Tribunal, who took the oath. However, the president did not accept the oath from some of the elected individuals, and the head of the tribunal, Bogdan Svenczowski, did not allow them to perform their duties. When the judges decided to begin working, they were attacked, Tusk said.

Inadmissibility of pressure on the judiciary

The Prime Minister stressed that in a rule-of-law state, no politician, even the president, has the right to enter the territory of a court or tribunal, issue orders there, or intimidate judges.

«У певних питаннях не може бути компромісу. Крики, брехня і бійки не можуть бути джерелом права в Польщі й не будуть ним» (On certain issues, there can be no compromise. Shouting, lies, and fights cannot be a source of law in Poland and will not be), Donald Tusk concluded.