Marcin Bogdan: game from CPK

Virtual portal Poland published information about the sale of land, within the meaning of the land, intended for the construction of the CPK, which occurred on 1 December 2023, shortly after the elections, in the last days of the regulation of the United Right. The plot, with the approval of the Ministry of Agriculture, sold the National Centre for Agricultural Support and the buyer was a private person. The sale price of PLN 22.8 million was a marketplace price, but after any retraining for the construction of the CPK of the land in question from agricultural to construction could scope up to PLN 400 million. Therefore, CPK would be forced to acquisition this game for PLN 23 million from the state-owned KOWR alternatively of buying it from a private individual for PLN 400 million. The company would so be lost about 377 million PLN. If the Company would be a loss, individual on this "interest" would gain. Then the affair is ready.

After a number of scandals incriminating the Civic Platform, including Donald Tusk's close associates, an chance appeared to accuse people from the United Right camp, members of the Law and Justice Service. It is not amazing that mainstream media were surpassing accusations and sentences. But the alleged centrists, promoting the slogan "PiS - PO 1 evil", besides moved to the mass attack. They began to attack immediately, blindly, without even trying to get to know the facts. They accepted a message issued by the NCO as a good coin, which states:

• Since March 2010, the NCA has not been entitled to repurchase “on the basis of the provisions in force” as a consequence of the Constitutional Court ruling
• The sale agreement, concluded by the erstwhile management of the NCA, with the approval of the Minister of Agriculture and agrarian improvement of 1 December 2023, does not contain any provisions which would, in the present state, entitle the incumbent to exercise a contractual right to repurchase

One respected journalist, based on this statement, said: “You can't buy it back from 2010, just like that, you can't buy it back from 2010, which is 15 years.It’s okay. ” He continued: “In this agreement, there is nothing that would origin the NEC to change its head and tell us the good, give us the land.”. And all we had to do was to hold off on specified a firm and unambiguous comment to get a different optics of the full case the next day. The purchaser and the current owner of the game declared that the contract contained ‘right to repurchase the property by the NCA to the State Treasury within 5 years of the date of the act’. The agreement besides includes a ban on the disposal of immovable property to 3rd parties for a period of 15 years and the work to conduct agricultural activities on that plot. Thus, the right to repurchase is not triggered ‘from office’, as it was until 2010, but the provisions contained in the agreement allow, in the event of a change in the land-use plan, to be redeemed by KOWR, not at marketplace prices for investment land, but at the price of agricultural land.

Two key issues seem to be in the revealed scandal:

1) Introduction to the agreement with the agreement of both parties of the public write-off on the right to repurchase the land by the NAWR

2) the date of conclusion of the agreement, namely 1 December 2023

On the first point, it is amazing that, in the absence of a statutory right to repurchase the plot, the parties to the transaction decided to enter specified a provision into the contract. Any rationally reasoning purchaser of the area should be curious in making the transaction final and irreversible. Especially in the case of alleged unclean intentions related to the acquisition of land at the price of agricultural land, only to sale it soon, after the planned roll-off of land for the construction of CPK, with multiple profits. The introduction of specified a evidence of the right of pre-emption in this case looks like a conscious introduction of a safety valve into the contract.

The date of the transaction is besides a key issue in identifying this issue. Practically all commentators accepted the unreflexed communicative that the agreement was concluded after the losers of the United Right election, virtually just before the surrender of power. It was only 2 years ago, did everyone forget what it truly was like? The election on October 15, 2023 won the PiS. This is why president Andrzej Duda entrusted the mission of forming a government to Mateusz Morawiecki on 13 November 2023. This mission ended in failure, on 11 December 2023 a fresh government of Prime Minister Morawiecki, established after the election, did not receive a vote of assurance in the parliamentary vote. The agreements for the sale of the land in question were so not signed just after 15 October, on the last days of the regulation of the United Right. The agreement was signed precisely in the mediate of the period during which Mateusz Morawiecki tried to build a fresh government coalition around PiS. It was a hard mission, but not hopeless, as evidenced by the statements of government politicians today. They admit in talks with journalists that Tusk, until the last minute, until 11 December, was not certain that Morawiecki's mission would fail, or could, however, gain the support of the parliamentary majority.

It was a hot time in Polish politics, closely observed both in Europe and in the world. There were dozens, hundreds of conversations, cultural meetings, secluded places, frequently in private apartments. Of course, PSL was a language at the weight, and especially the leader of this organization Władysław Kosiniak-Kamish. Everything depended on his decision. Władysław Kosiniak-Kamysz has already experienced a blichtru of politics, from 2011 to 2015 he was Minister of Labour and Social Policy. But he besides learned the bitter taste of being subordinate to Tusk, after all, he was the face of the 2012 pension reform, expanding the retirement age of women and men to 67 years, and an equally controversial improvement moving funds collected by citizens in OFE to ZUS. He besides cultivated household traditions of engaging in politics. His uncle, Zenon Kosiniak-Kamysz, was a Deputy Minister of National Defence from 2008 to 2009 and was active in the decision-making process for the refurbishment of government Tu-154M aircraft at Aviakor, Samara. Shortly after the national tragedy that happened under Smolensk, the household of Władysław Kosiniak-Kamisha survived an unimaginable individual tragedy. On August 9, 2010, 2 children of Zenon Kosiniak-Kamisha were killed in a dramatic car accident.

Władysław Kosiniak-Kamysz, a comparatively young politician, was 42 years old in 2023, a politician with a baggage of successes, failures and dramatic experiences, was at the heart of Polish politics. It was up to him to decide whether the United Right would make a fresh coalition government or full power in Poland would be taken over by Donald Tusk. The hard decision, as it is today, is not obvious. On December 1, 2023, erstwhile the KOWR signed a sale agreement for the land in the plans to build the CPK, all political scenarios were inactive possible, nothing was yet settled. This allows us to presume that this is why the repurchase agreement was introduced. Just in case. If the United Right remains in power, if the CPK task is implemented, it will benefit from the right to repurchase and without any prejudice, without any scandal, the game will return to the Treasury. No one's gonna lose it. But if Tusk takes over... What we do not know is whether it was a simple income of easy money, or destructive actions aimed at hindering, slowing down the construction of the CPK, even embarrassing this investment. We don't know that, but it could have been both, specified an agential form of a pleasant and useful combination.

Is there, then, an issue on the part of the politicians of the United Right? If this were the case, it would have come to light as shortly as Tusk took power, if not in the end of 2023, in 2024. Why, then, was the case not disclosed, even hidden for a year and a half? Is the reason for the yearly retention period for mobile telephone operators of call records? Today, the evidence in the form of telephone calls has been irretrievably lost, it is easy to tangle and accuse. However, this does not change the fact that the conduct of this transaction required at least the favour of the Minister, or the Deputy Minister, or any advanced authoritative of the Ministry of Agriculture, individual from the National Water Plant of Poland. It is hard to find whether these individuals were Trojan horses introduced into the structure of the United Right or simply succumbed to the temptation of easy earnings, they were simply allowed to buy. But from the analysis presented, 1 can see – this stick had 2 ends. Without the acquisition of power by Tusk, participants in this process would not have the chance to get a game from the CPK, i.e. to distribute profits from this operation.

Why, then, has the operation not been completed? possibly this is the consequence of the submission by president Karol Nawrocki to the Sejm of the draft Act on the construction of the CPK in its first form, in a form with large public support? possibly alternatively of slowing down and undermining the construction of the CPK, they decided to plant a bomb under this project? Even at the expense of the fact that the shrapnel of the exploding scandal will hurt not only the PiS but besides their own? After all, the goal justifies the means and as Machiavelli claimed, in politics more crucial than morality is efficiency. Why do we request CPK erstwhile we have an airport in Berlin?

Mr Bogdan