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The report of the European Commission exposes the situation in Poland. “No rule of law is really no democracy”

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We got to know the report of the European Commission, and in its part devoted to Poland, one word is key – independence, or rather the lack of it. None with regard to the National Court Register, the Constitutional Tribunal or the Supreme Court. Attempts to take it away from the still independent media.

On July 4, America celebrates not only its independence, but also the birth of a democratic state based on a constitutional order. – Our history reminds us that democracy is not given once and for all. Every generation has to fight to keep it. We all need to strengthen and defend it,” said Joe Biden.

This concern about the fragility of democracy is also present in Europe and can be seen in the report on the rule of law in all EU countries, presented for the fourth time by the European Commission together with recommendations. “The judiciary cannot be controlled by politicians and the media must be independent,” said Věra Jourová, Vice-President of the European Commission. These are recommendations for everyone, but in these matters Poland has the most on its conscience. Concerns remain about the independence of the Polish judiciary – including the National Council of the Judiciary, the Supreme Court and the Constitutional Tribunal. Final judgments of the CJEU are still not respected. Freedom of speech is also under threat due to the lack of licensing procedures and political control of public media. – It’s nothing new. We already wrote about it last year, but the recommendations were not taken into account, added Jourová.

The authorities have been disregarding EU warnings about violations of the rule of law for years. – All those who claim that there is no freedom of the media or freedom of the courts, simply put forward untrue theses at the political request of the opposition – believes Piotr Müller, the government’s spokesman. The facts are that the authorities control the Constitutional Tribunal, take control of the Supreme Court and common courts – and repress judges fighting for independence. The authorities also have absolute control over the public media, which are the propaganda mouthpiece of the ruling party, and have taken over – through Orlen – part of the local media. This is what two generations of lawyers and activists are talking about – those who built democracy in Poland and those who want to continue to build it. – The lack of the rule of law is actually the lack of democracy – says Dagmara Adamiak, Foundation “Równie”, “Kampania of Truth”. However, she is not alone in her beliefs. – The separation of powers, equality of citizens, equality of rights, protection of human rights are the pillars – convinces Andrzej Zoll, former president of the Constitutional Tribunal.

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Debate in the EP about Poland. Thun: Freedom, equality and democracy are our common causeTVN24

Youth and experience

– Democracy gives us the development of the country, which will be even, it should be fair – emphasizes Adam Strzembosz, former First President of the Supreme Court. The young generation also wants to fight for the rule of law. – Within this freedom, within this security, the right to express ourselves, we must be sure that this right protects us, that this right applies to us and that no one questions it (…) We care about the rule of law, it will take care of us – explains Barbara Balicka, a social activist. This awareness – as activists say – is more and more present among young people. “Young people have protested, young people are doing climate action, freedom of speech, and religious freedom,” adds Balicka.

In a moment, the nationwide campaign “Campaign of Truth” will begin. – We will distribute materials, leaflets, posters, stickers about what PiS is doing with young women, with the rule of law, with democracy – explains Dagmara Adamiak.

The EU report also included the questionable Lex Tusk case. The Commission has initiated an infringement procedure. – This act has crossed the border that could still be considered a democratic state ruled by law – believes Professor Andrzej Zoll. The Commission – as in previous years – sent Poland recommendations regarding i.a. separation of the functions of the prosecutor general and the minister of justice. But power is insured. The competences of the Prosecutor General are to be taken over by the National Prosecutor. – Just to make it irremovable for a long period of time. It is very disturbing, clever, but also dishonest – emphasizes Professor Strzembosz. This means that even after the change of power and the separation of functions, the prosecutor’s office can still be ruled by Zbigniew Ziobro’s man.

Main photo source: TVN facts

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