state of play: 12/19/2023

STATE OF PLAY: Biernat on Three Judges Ruling Illegally in Constitutional Tribunal: Resolutions Effective; Siedlecka: This is How it's Done in a State of Law; Karnowski: Bierut's Decrees

Łukasz Mężyk

-- SIEWIERA ON MACIEREWICZ'S WORDS: THEY ARE TOO STRONG; HENNIG-KLOSKA: WE ARE EXTENDING THE ENERGY PRICE FREEZE FOR SIX MONTHS. THAT'S HOW MUCH MONEY WE'VE FOUND IN THE BUDGET FOR NOW - 300LIVE: https://300polityka.pl/live/2023/12/19 -- IN CASE BRAUN IS EXPELLED, THREE MPs COULD ALSO LEAVE CONFEDERATION WITH HIM - ARTUR BRZOZOWSKI IN GW: "The variant of suspending, rather than expelling Braun from Confederation, might stem from the fact that the politician is the leader of Konfederacja Korony Polskiej, which co-creates Confederation. Apart from Braun, there are three other MPs in the group: Włodzimierz Skalik, Andrzej Zapałowski, and Roman Fritz. The Confederation club in the Sejm currently consists of 18 MPs, and in the event of Braun's expulsion, these three MPs could also leave Confederation with him." https://wroclaw.wyborcza.pl/wroclaw/7,35771,30520802,grzegorz-braun-z-trzem-poslami-moze-odejsc-z-konfederacji-gdyby.html -- WĄSIK SAID HE HAD NOTHING AGAINST THE REPUBLICAN PARTY, THAT HE HAD FRIENDS THERE, BUT TO THINK ABOUT ŁUKASZ MEJZA - AGATA KODZIŃSKA IN GW: "Wyborcza" found out that the unification did not go smoothly at all. Several of our interviewees speak of differences of opinion between Jarosław Kaczyński and Maciej Wąsik and Mariusz Kamiński. The former deputy head of the Ministry of Interior and Administration reportedly suggested not voting en bloc for unification with the Republicans. - He said he had nothing against the Republican party, that he had friends there, but to think about Łukasz Mejza - an attendee of the meeting tells us." -- MARIUSZ KAMIŃSKI ARGUED THAT THERE WOULD BE EVEN GREATER MORAL DEGENERATION AMONG US. THIS OUTRAGED THE CHAIRMAN - KONDZIŃSKA FURTHER IN GW: "Then the former head of the Ministry of Interior and Administration, Mariusz Kamiński, spoke, who, as we hear, implied that perhaps it was good that PiS did not get a third term. - He argued that there would be even greater moral degeneration among us. This already outraged the chairman. He reminded who supervised the services in our government and who had the ability to punish what was wrong - that was the sense of his words - adds another participant in the political council. - What you cited captures the sense and spirit of that public discussion well, but it was a polite exchange of views, not a disagreement with the chairman. And when Mariusz spoke of moral degeneration, he was sitting next to Morawiecki - assesses a close associate of Kaczyński. In his opinion, the discussion was directly about Mejza." https://wyborcza.pl/7,75398,30520644,kulisy-rady-politycznej-pis-awantura-o-republikanow-kaminski.html -- MINISTER LESZCZYNA LEAVES A DEPUTY MINISTER FROM THE PIS GOVERNMENT. SHE HAS NOT YET CALLED THE LEWICA CANDIDATE - JUDYTA WATOŁA IN GW: "Marek Kos, the director of the hospital in Sandomierz, proposed by PSL, was invited to the ministry only on Monday. - It's awkward that a person associated with the PiS government is announced first, and only then a candidate indicated by a coalition partner - we hear from an employee of the Ministry of Health. Moreover, Leszczyna has not yet contacted Senator Wojciech Konieczny, the director of the Municipal Integrated Hospital in Częstochowa, proposed by Lewica for the position of deputy minister. – She clearly doesn't want him, and even if he eventually becomes deputy minister, such treatment will affect future cooperation – comments our interlocutor from the ministry. Minister Leszczyna did not answer our question as to why she had not yet contacted Konieczny." -- PERSONNEL FROM CZĘSTOCHOWA - WATOŁA FURTHER IN GW: "The first sign that Leszczyna is reaching for personnel from Częstochowa, where she comes from and where she still lives, is the employment of Agnieszka Sanojca as director of the minister's office at the Ministry of Health, previously the spokesperson for the hospital in Parkitka. Furthermore, on Thursday, at a meeting with department directors, the name of Marek Augustyn, administrative director at the Częstochowa hospital, was mentioned. Leszczyna would like to see him as the head of the National Health Fund. The day before, at a Christmas meeting of directors associated with the Union of Provincial Hospitals of Silesia, Augustyn himself boasted about his upcoming promotion." https://wyborcza.pl/7,75398,30518144,minister-leszczyna-nie-chce-kandydata-na-wiceministra-z-lewicy.html -- ADAM BODNAR SHOULD TREAD CAREFULLY ON JUDICIAL TERRITORY, BECAUSE BEFORE HE REALIZES IT, HE WILL START RESEMBLING HIS PREDECESSOR - TOMASZ PIETRYGA IN RZ: "If the minister wants the support of the judicial community, he should use hard law, leaving matters in their own hands. Strasbourg rulings, Sejm resolutions, or changes in regulations are not quite enough. Disciplinary procedures for judges exist, and that is the appropriate path. By pushing another one, the minister will go from an ally to their new opponent." https://www.rp.pl/opinie-prawne/art39589041-tomasz-pietryga-sedziowskie-turbulencje -- OF COURSE, NOT ALL ISSUES CAN BE REGULATED BY RESOLUTIONS, HOWEVER, IN THIS CASE, SUCH A PATH IS PERMISSIBLE AND LEGITIMIZED - PROF. STANISŁAW BIERNAT, RETIRED JUDGE AND FORMER DEPUTY PRESIDENT OF THE TRIBUNAL IN AN INTERVIEW WITH RZ: "First of all, it should be noted that the announced Sejm resolutions regarding individuals elected to judicial positions already occupied would aim to reverse the effects of resolutions as well, i.e., acts of the same rank, adopted in 2015 contrary to the constitution. Those that rendered the elections of legitimate judges legally ineffective. Therefore, the Sejm resolutions currently being prepared would not be arbitrary acts. They would merely reverse the consequences of previous, unconstitutional resolutions from exactly eight years ago. They would lead to a situation where either individuals already legally elected to the Tribunal would be admitted, or others, now elected by the Sejm through proper procedure. Of course, not all issues can be regulated by resolutions, but in this case, such a path is permissible and legitimized." -- IN THE CASE OF THREE PERSONS RULING ILLEGALLY IN THE CONSTITUTIONAL TRIBUNAL, THEY WILL BE - IN MY OPINION - EFFECTIVE - BIERNAT FURTHER IN RZ: "While Sejm resolutions will not solve all problems, such as the reform of the National Council of the Judiciary, they will be - in my opinion - effective in the case of three individuals ruling illegally in the Constitutional Tribunal. It is worth recalling once again that since these individuals were elected by Sejm resolutions, their election can be considered ineffective in exactly the same way, given that it violated the Constitution." https://www.rp.pl/sady-i-trybunaly/art39586701-prof-biernat-pani-przylebska-walczy-z-przeciwnikiem-ktorego-nie-ma -- THIS IS HOW IT'S DONE IN A STATE OF LAW - EWA SIEDLECKA ON TYGODNIK POLITYKA'S PORTAL: "He didn't go, and good for him, because political power is not meant to censor court and tribunal rulings. This is how it's handled in a state of law: the verdict was published, but preceded by an announcement. (...) Thanks to this maneuver, the activity of the 'dublers' [substitute judges] in the Constitutional Tribunal will be neutralized. And verdicts already issued with their participation, but not yet published, including those concerning EU fines or the planned verdict regarding the impossibility of dissolving the company Telewizja Polska, where 'dublers' of judges are in the judging panel, will be deprived of legal force." -- PRESIDENT PRZYŁĘBSKA WILL PROBABLY NOT INCLUDE THEM IN PANELS TO AVOID PRODUCING RULINGS WITH A RESERVATION - SIEDLECKA FURTHER: "Now we can expect a Sejm resolution outlawing the 'dublers'. President Przyłębska will probably not include them in panels to avoid producing rulings with a reservation. And if she wants to continue to pay them their salaries - she will have to return them from her own pocket." https://siedlecka.blog.polityka.pl/2023/12/18/tak-sie-to-robi-w-panstwie-prawa/ -- THIS IS A BLACK DECEMBER FOR POLISH RULE OF LAW. FIRST, MINISTER BODNAR'S BIERUT'S DECREES, NOW A RESOLUTION, WHICH IS A THIEVING CROWBAR - JACEK KARNOWSKI: "The resolution reported by media friendly to the authorities - is like reaching for a thieving crowbar. It means demolishing the foundations of the legal order. The very foundations. Because have you ever heard of the term of any body appointed by law being interrupted by a resolution - that is, an opinion of the majority of MPs? We haven't seen anything like that in the last 34 years. This is legal barbarism. This is a black December for the rule of law in Poland. Minister Bodnar's Bierut-like decrees undermine a fundamental issue: the hierarchy of legal sources, as defined by the constitution. They violate the principle of the inremovability of judges. They brutally interfere in the sphere of decisions made by judges. They mean wiping shoes on the constitution thrown on the floor. This cannot stand. If the socio-media environment of the new government accepts this, it will be co-responsible for the overthrow of the rule of law. This will no longer be democracy. It will be DEMOCRATURA." https://wpolityce.pl/polityka/675053-to-jest-czarny-grudzien-polskiej-praworzadnosci -- TVP NOT FOR TOMASZ LIŚ AND NOT FOR TOMASZ SAKIEWICZ - MACIEJ STRZEMBOSZ IN RZ: "There are enough honest journalists in Poland who, without hiding their views, are simultaneously curious about the truth. In other words, they are not propagandists like Tomasz Liś and Tomasz Sakowicz, adherents of the only correct line determined by the momentary whim of a beloved leader, they are not haters who are ready to call someone who does not adhere to the line they support a 'Kałownia' [a derogatory term used in Polish politics] or a foreign agent." -- KATARZYNA SADŁO, HEADING THE TELEVISION INFORMATION AGENCY, ALONG WITH GRZEGORZ SROCZYŃSKI, HEADING THE PUBLICISTICS DEPARTMENT, WOULD DO MUCH MORE FOR THE QUALITY OF MEDIA AND FOR RECONCILIATION THAN THE HATEMONGERING PROGRAMS OF LIŚ AND SAKIEWICZ - STRZEMBOSZ FURTHER: "On the other hand, there is room in good public media for Grzegorz Sroczyński and Katarzyna Sadło, i.e., Katarzyna, who, holding distinct and diametrically opposed views, have also repeatedly demonstrated openness to the arguments of other sides, curiosity about others' opinions, or finally, the ability to criticize politicians with similar views according to the principle 'amicus Plato, sed magis amica veritas' ('Plato is a friend, but truth is a greater friend'). Katarzyna Sadło, heading the Television Information Agency, along with Grzegorz Sroczyński, heading the publicistics department, would do much more for the quality of media, for reconciliation, and for mutual understanding between the two warring sides than the hate-mongering programs of Liś and Sakiewicz, who support the worst, tribal instincts on both sides." https://www.rp.pl/publicystyka/art39585581-maciej-strzembosz-tvp-nie-dla-tomasza-lisa-i-nie-dla-tomasza-sakiewicza -- DEMOCRACY DID NOT WIN BECAUSE THERE WERE NO ATTEMPTS AGAINST IT, BUT BECAUSE THE UNPRECEDENTED TURNOUT EFFECTIVELY PACIFIED THEM - PRZEMYSŁAW SZUBARTOWICZ IN INTERIA: "Today, commentators who believed in this semblance are triumphant that the transfer of power occurred without tanks on the streets or any other form of coup. However, they fail to add that this was due to unprecedented turnout and a significant difference between the ruling camp and the informal coalition of three democratic formations. If the difference had been small, the tools to question the election results would have been within reach, and someone would certainly not have hesitated to use them. Democracy did not win because there were no attempts against it, but because the unprecedented turnout effectively pacified them." -- THERE WILL BE NO RECONCILIATION, ALSO BECAUSE IT IS NOT PROFITABLE FOR ANYONE - SZUBARTOWICZ FURTHER IN INTERIA: "There will be no reconciliation. Not only because it is structurally impossible - 'when two Poles meet, they disperse in three directions' - but also because it is not profitable for anyone. Even for those who have the fight against polarization written on their banners, because after its elimination, they would have no founding ballad. All that remains is the noble pursuit of peace, which, however, should not limit or hinder reformers in their bold actions." https://wydarzenia.interia.pl/felietony/news-mit-pojednania,nId,7216350 -- CRISIS AT WARSAW'S DRAMATYCZNY THEATRE: STRZĘPKA DOES NOT RESIGN, THE COLLECTIVE IS DISSOLVED - OKO.PRESS: "Monika Strzępka informed in a statement on the Dramatic Theatre's fan page that despite previous announcements, she will not resign from her position. The director has dissolved the Collective that manages the theatre. She announced the resumption of rehearsals for the performance 'Heksy' based on Agnieszka Szpila's novel, which was canceled last week. Strzępka revealed that two days before the premiere of 'Heksy', she was blackmailed by several actresses from the cast of this performance. They allegedly threatened to disrupt the premiere if Strzępka did not resign. Two people from the Collective managing the theatre were allegedly present at the meeting. - I signed the resignation statement because the premiere was very important to me. Every minute counted. I signed because I didn't want to waste the effort of people who worked on this premiere. I signed because the amount of the December salary for many theatre employees depended on this premiere. I signed because the audience was waiting for this performance - Strzępka says in the statement." https://oko.press/zastepczyni-strzepki-monika-dziekan-odchodzi-z-teatru-dramatycznego -- WE WROTE ABOUT THE BORDER BLINDED BY THE GLORY OF HUMANITARIAN VALUES - MAŁGORZATA TOMCZAK IN OKO.PRESS: "The humanitarian perspective obscured our vision. We told the stories of migrants in a way that would 'fit' the refugee status. The point is that most migrants do not want to be expelled to Belarus, but they also do not want to stay in Poland." -- "DON'T SPEAK THE LANGUAGE OF THE BORDER GUARD" (EVEN IF THE BG IS RIGHT), THIS IS TYPICAL FOR THE LEFTIST DISCOURSE ON MIGRATION IN WESTERN EUROPE - LET'S OMIT THE UNCOMFORTABLE, BECAUSE PEOPLE MIGHT GET SCARED - TOMCZAK FURTHER IN OKO.PRESS: "However, this is common knowledge on the other side of the debate – both expert and media, as well as among recipients who read BG communications, e.g., about 'abuse of refugee procedures and departure to Germany'. The leftist bubble rejects them as 'official, state' content, 'the services' version,' which 'lies about the border.' And these two conflicting narratives are so entrenched that saying 'people don't want protection in Poland, they're going to Germany' or 'they're filing applications, even though they don't want to stay here' can be described by activists as 'speaking the language of the Border Guard' (I refer here to my own experiences). This is a similar problem to speaking about smugglers and crossing the fence. I have heard and read, from activists, at least a few statements saying 'don't repeat this right-wing propaganda about smugglers'. Similarly, regarding Poland's transit role: the right-wing narrative will not explain this, it will only write 'foreigners abused refugee procedures and went to Germany.' There is no interest in delving into the context and reasons. And the leftist one will omit this fact, pretend it doesn't exist, or suggest not to emphasize it, because it plays into the hands of the right. This is typical for the leftist discourse on migration in Western Europe – let's omit the uncomfortable, because people might get scared." https://oko.press/tomczak-odpowiada-chrzczonowicz-pisalismy-o-granicy-oslepieni-blaskiem-humanitarnych-wartosci -- BIRTHDAYS: Rafał Olejniczak, Michał Giersz.

Łukasz Mężyk