- On the alleged “state attack”, the action leading the TK Bogdan Świętczkowski, Prof. Małecki says directly: an embarrassing performance
- — It was the Law and Justice during 8 years of its regulation that tried to change the strategy against the Constitution. An in-depth investigation of the "state attack" should scope 2015 and all the actions of the erstwhile ruling team, the criminal
- She points out that it was only the political calculations of the current power that contributed to the fact that we inactive gotta deal with the "reafs" left behind by the erstwhile power, i.e. its denominations in, among others, the TK or the KRS
- — In a way, we have a revolution today. We are presently observing a kind of systemic transformation. It is simply a transformation towards a constitutional strategy which was destroyed by the Law and Justice, says Prof. Małecki
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Magda Gałczyńska, Onet: The coup d'état. This is what is expected to happen in Poland now, according to narration of the PiS denomination in the Constitutional Tribunal, i.e. Bogdan Święczkowski leading itOver the years, 1 of Zbigniew Ziobry's closest men. These words about the coup would be even ridiculous if it were not for the death of another PiS denomination, this time in the National Prosecutor's Office. This is about Deputy lawyer General Michał Ostrowski — “betoned” in this position, due to the fact that he cannot be dismissed without a compatible president — who, on the basis of a letter from Świętczkowski, initiated a prosecutorial investigation into this alleged coup. So, what, If there's an investigation, we gotta take this case seriously.?
Prof. Mikołaj Małecki, a cardinal, lecturer at the Jagiellonian University, president of the Krakow Institute of Criminal Law: The communicative of the coup, the conduct of Mr. Święczkowski and Prosecutor Ostrowski is an embarrassing spectacle of irresponsible people. The coup d'état is erstwhile people go with scythes to the Sejm or the military surrounds the Sejm with tanks. And seriously, according to the penal code, the coup is an effort to overthrow the constitutional strategy of the state. I stress the word constitutional. And that's what he tried to do during his 8 years of rule: change the strategy against the constitution. An in-depth investigation of the "state bombing" should scope 2015 and all activities of the erstwhile ruling team. And talking about a coup present is just dangerous.
Why?
Such statements incite people’s assurance in democratically elected power and make social unrest. For those who remember the commune and the martial law, the wording of the coup brings circumstantial and undesirable content. These are actions that origin chaos and destabilisation of the state, which is highly dangerous in times of war crisis. This is simply a propaganda play that is causing large harm to public debate, not to mention the multitude of faithful PiS voters who are simply deceived.
"The order could be restored rapidly even in the Constitutional Court"
You talk of institutions occupied by the Law and Justice, and there are many. It is not only a TK, but besides a crucial part of the ultimate Court, the National Judicial Council or the National Broadcasting Council. Everywhere, These bodies are headed by PiS denominations, and these institutions act almost against the law, and surely against the current Polish authorities, an example of which is the last "explosive" action of the president of the Constitutional Tribunal. So how are the rulers and citizens expected to function in a country where there are reefs that erstwhile became independent institutions? We have 2 legal systems?
Nope. And what is broken must be repaired by the methods of law, not lawlessness. The choice of an appropriate method based on law is mainly a political issue. Of the many possible solutions, the current power decided to take certain steps, although it could have been done differently.
What do you mean?
From a legal point of view, order could be restored rapidly even in the Constitutional Court.
How?
This is just a substance for the D.A. The highest court instances with The European Court of Human Rights, including that the alleged Constitutional Court is not a body described in the Constitution. This, among others, is due to persons appointed as judges for seats already taken, who are not entitled to participate in any of the actions of the tribunal. The Sejm and the Council of Ministers adopted resolutions that the Constitutional Court had lost its constitutional identity. So if individual claims to be a public officer and performs seemingly his tasks, he performs the mark of a criminal prosecution of his own motion. The D.A. should analyse this case. yet the situation would seal the judgement of the court – whether we were dealing with a crime or not. This would consequence in further consequences, due to the fact that decisions resulting from the crime cannot be respected – and so on.
"We have a revolution today"
But inactive the rulers effort to block TK or KRS somehow. For instance, By completely cutting off the salaries of those sitting thereas recorded in the budget for this year.
It is simply a good thing that something is happening in this case, but even legal action, if it is besides long to take it, can rise doubts. due to the fact that how do you explain the abrupt suspension of money for TK this year, erstwhile all these people have been paid handsomely throughout the year 2024? If you say A, you say B. But if you didn't say A early enough, then it's not so easy to say B right away.
Would a revolution be necessary?
In a way, we have a revolution. We are presently observing a kind of systemic transformation. It's a transformation towards a constitutional strategy that's been destroyed. So, there is simply a shattered unconstitutional creation invented and implemented by the Law and Justice in order to bring the Constitution back into force in Poland. It would be worth doing it quickly, but more importantly, to do it right.
