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Lex Tusk. Bloomberg: President Andrzej Duda canceled a meeting with American investors

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President Andrzej Duda canceled his participation in Monday’s meeting with American investors a few hours before the event, reported the Bloomberg agency, citing the organizers. The situation took place a few days after Washington criticized the act known as “lex Tusk”.

President Duda canceled his speech before representatives of the American Chamber of Commerce in Poland a few hours before the meeting, organizers of the meeting reported to Bloomberg. Instead, he sent his cabinet chief, Paweł Szrot, to read the president’s speech in Polish.

Bloomberg: Duda resigned from the meeting with American investors

As the agency pointed out, this took place after a turbulent week in diplomatic relations between the US and Poland. Duda first signed a bill that Washington and the European Union say could lead to abuses of power ahead of this year’s elections, and then – after an international outcry – asked parliament to relax the regulations, Bloomberg described.

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Mark Brzezinskithe US ambassador in Warsaw, said during a meeting with investors that the US and Poland are working “together to build a better future”, but stipulated that this must include common values, the agency reported.

“I really want to emphasize that this must be underpinned by a joint U.S.-Polish commitment to democratic values ​​and practices, including ensuring a level playing field and a framework where any transfer of power is peaceful, orderly, and respects the will of the people,” Brzezinski said.

As described by the agency, Duda’s last week’s volte-face was aimed at defusing tensions between Poland and its main allies, especially since Poland – as an eastern member of NATO – has taken a key role in efforts to support Ukraine.

Szrot said the president was unable to attend the event due to “urgent defense consultations” ahead of Tuesday’s meeting of the Bucharest Nine, a group NATO countries in Eastern Europe, according to Bloomberg.

We asked the Chancellery of the President about the reasons for the president’s absence during the meeting with representatives of the American Chamber of Commerce in Poland, but we have not received an answer until the publication of the article.

READ ALSO: US ambassador on TVN24 on “lex Tusk”: we are aware of what worries many people in this law

USA and Duda about “lex Tusk”

On the night of Monday to Tuesday The U.S. State Department issued a statement on the commission. “The U.S. government is concerned about the adoption by the Polish government of new legislation that could be used to interfere with free and fair elections in Poland,” U.S. State Department spokesman Matthew Miller said in a statement.

– I do not fully understand the reaction of our allies. I don’t know if they were deceived by opposition politicians, or because of mistakes in translating the law, or if someone just didn’t explain it,” Duda said in an interview with Bloomberg on Tuesday and published on Wednesday.

Bloomberg pointed out that the case “casts a shadow over Poland’s efforts to forge closer transatlantic ties.”

READ MORE: President Duda on “lex Tusk”: I do not fully understand the reaction of our allies

Signature, tribunal and draft amendment

President Andrzej Duda Last Monday, he signed the act on the establishment of a commission for examining Russian influence on the internal security of the Republic of Poland in the years 2007-2022 and announced that he would refer it to the Constitutional Tribunal as a follow-up review. The following day, the act was published in the Journal of Laws and entered into force the following day. Its provisions were criticized by many law professors, lawyers and representatives of the opposition

On Friday, four days after announcing his decision to sign the act, the president announced that he had prepared a draft amendment and that day it was submitted to the Sejm.

“Lex Tusk” in the shadow of criticism

The commission established on the basis of “lex Tusk” will be able to reach almost any document and summon anyone: politicians who once or currently hold the highest positions in the state, local government officials, officials, people from state-owned companies, journalists or ordinary citizens.

READ MORE: Extremely broad powers. What is hidden in “lex Tusk”

The decisions that the committee could take include, among others, a ban on performing functions related to the disposal of public funds for up to 10 years, and the withdrawal and banning of security clearance for 10 years.

The opposition claims that this is an unconstitutional regulation aimed at them. Among others, Janusz Kowalski from Sovereign Poland admitted that he hoped that “the effect of the commission’s work will be to put Donald Tusk before the State Tribunal.

The Ombudsman also has objections to the Act prof. Marcin Wiącek. In his opinion, it is contrary to at least several provisions of the Constitution of the Republic of Poland.

Commission for the Study of Russian Influence

The State Commission for the Study of Russian Influences will be a public administration body that may decide to apply countermeasures against persons to whom it proves that “under Russian influence they acted to the detriment of the interests of the Republic of Poland”, e.g. security clearances. Remedial measures are to be imposed by way of an administrative decision. According to the law, “administrative decisions, decisions and resolutions of the commission are final”. The decision on remedial measures cannot be appealed to a higher instance, as the law does not provide for such.

The decision of the commission can be appealed to the voivodeship administrative court. However, the latter can only assess whether the committee’s decision was taken in accordance with the procedures. The administrative court will not assess the merits, i.e. whether a given person actually made decisions under Russian influence, thereby acting to the detriment of Poland’s interests. In addition, lodging a complaint does not suspend the enforceability of the issued decision. Only the court or the commission itself can stop it. That is why the Helsinki Foundation for Human Rights draws attention to the illusory nature of the control of administrative courts.

Bloomberg, PAP, TVN24 Business

Main photo source: PAP/Radek Pietruszka

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