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Lex Tusk. President Andrzej Duda’s decision on the commission – comment by dr hab. Adam Gendzwiłł

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President Andrzej Duda is already suffering the first and immediate effects of his disastrous decision. It is disastrous for his presidency because it is a perfect demonstration that the president is not a guardian of the constitution, but that he simply broke it, said sociologist Dr. Hab. Adam Gendzwill. He added that “lex Tusk” may have a mobilizing effect on supporters of opposition parties and turn out to be “counter-effective for the ruling camp”.

President Andrzej Duda On Monday, he signed an act on the establishment of a commission for examining Russian influence, i.e. the so-called Lex Tusk. He also announced that it would be referred to the Constitutional Tribunal. The law is criticized by representatives of the opposition and lawyers. According to them, it is aimed at political opponents of the ruling party, especially at the leader of the Civic Platform Donald Tuskand violates the constitution.


Sociologist: we see the first effects of “lex Tusk”

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Dr. hab. was asked about the effects of “lex Tusk” on TVN24. Adam Gendźwiłł, sociologist from the University of Warsaw. – It seems that we are already seeing the first effects now, and on various levels. We see them internationally, we see them internally.

“Given what this could mean for the next election, it’s certainly increasing polarization, which should in principle be driving turnout increases, and possibly on both sides,” he added.

Gendzwill: We can already see the first effects of “lex Tusk” on various levelsTVN24

– Research shows that opposition parties have slightly greater reserves of mobilization of their supporters, so if it is really the case that “lex Tusk” will be a linchpin that starts this process, it may turn out that it is actually counterproductive for the ruling camp because it will mobilize even more supporters of opposition parties, he noted.

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

Gendźwiłł stated that the issue of the act “slowly reaches the public opinion”. – These elections scheduled for the fall are very close. In fact, we are already in the period of the election campaign and it will certainly be one of the important issues raised during the election campaign, he pointed out.

He added that there is no guarantee that “this will have a mobilizing effect” for the opposition. – It depends on how this law will be implemented, what it will mean in practice – he said.

“The president suffers the first consequences of his disastrous decision”

Although President Duda, when signing the act, emphasized that the transparency of explaining important public and political issues was “of paramount importance” for him, the TVN24 interlocutor noted that under the document “the commission may, at its own will, exclude the transparency of these proceedings.”

President Andrzej DudaPAP/Marcin Bielecki

– Mr. President is now suffering the first and immediate effects of his catastrophic decision. It’s disastrous for his presidency because it’s a perfect show that the president is not the guardian of the constitution, he just broke it,” he said.

Commission from “lex Tusk” and the parliamentary investigative commission – main differences >>>

– Of course, you can conjure this reality and say that it’s all for transparency, but we know perfectly well that the ruling camp has instruments to show how it is, because it controls the prosecutor’s office – he added.

He pointed out that “it is possible to appoint an investigative commission, these are known institutions in the legal order that are not hood courts.” – Conjuring reality by saying that this committee is there to ensure transparency is powdering this monster – he emphasized.

READ MORE IN KONKRET24: Influence committee for everything

Commission for the Study of Russian Influence

The State Commission for the Study of Russian Influence will be public administration body, which may decide on the application of 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. a ban on performing functions related to the disposal of public funds or withdrawal of security clearance. 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. This is why The Helsinki Foundation for Human Rights draws attention to the illusory nature of the control of administrative courts.

Main photo source: PAP/Marcin Bielecki

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