German law media propose a fresh constitution for Poland, including the Landing of the country
23.08.201025 20:39
The imagination of a constitution built on contempt, or a brief presentation of how in the Western legal press (financed for German money) is written about the legal situation in and what follows.
What do you request to know?
Citizen, supported by the Law and Solidarity candidate, Karol Nawrocki, won the presidential election in Poland
After the election, German legal media published "proposal of constitution for Poland"
The Constitution proposal includes a kind of Landing of Poland
Authors anticipate "compromise with the right"
It is worth reading publications of leading Polish lawyers who are the facilities of Donald Tusk's government in Poland. It is not only cognition of the moods of this environment, intellectual concepts justifying the next actions of the government ("a fighting democracy" etc.), but besides an interesting view of how the legal situation in Poland is "sold" in the West to initiate subsequent rulings of the TEU, ETPCz and another bodies.
"Constitutional Blog"
The leading periodical published in electronic form is "Verfassungsblog" founded by German lawyer Maximilian Steinbeis and co-founded by Wissenschaftskolleg zu Berlin and the state Humboldt University of Berlin. The "Constitutional Blog" itself was even officially recognised by the European Commission in 2020 as crucial for discussion of the standards of the regulation of law in Europe. The blog is straight praised by German minister Sabine Leutheusser-Schnarrenberger. The VB texts were besides utilized as a justification for the rulings of the Polish ultimate Court, which, for example, asked the TEU for a preliminary ruling concerning the position of judges appointed after 2017 in Poland (post SN dated 15.07.2020, ref. Act II PO 3/20).
The thought profile of authors of texts on the portal is clear: liberal-left political forces are “democrats”, and those who disagree with them are “populists”, “fascists”, “autocrats”. VB contains texts not only from Adam Bodnar himself (written with the editor-in-chief himself), but besides Wojciech Sadurski, or for example Marcin Mycielski from the Open dialog Foundation.
"Constitutional settlement is Poland's only hope"
After the presidential election, the text of Prof. Maciej Kisilowski (Central European University – George Soros University, where he studied, among others, Adam Bodnar, and which is besides associated with his intellectual guardian Prof. András Sajó) and with prof. Anna Wojciuk (UW). Title: ‘A Constitutional Settlement Is Poland’s Only Hope’
The text mostly deals with scenarios after Karol Nawrocki's win, which was referred to as "ultraconservativeist", which will not let the restoration of the constitutional strategy in Poland. The authors regret this, but very much appreciate the government's "democratic" approach in the elections:
"An crucial triumph of democratic renewal was the elections on 1 June, which mostly ran free and honest. Although there were any irregularities on both sides and the media remained polarized, this process did not match abuses observed in the PiS's rule: there was no monitoring of opposition leaders by Pegasus, state media did not service as Orwell's propaganda (sic!), there was no brazen usage of state enterprises to finance government candidates."
I don't know what kind of media the authors of this text are watching, but alternatively the 2025 election spectacle looked completely different.
"Constitution project"
The authors, however, believe that not all is lost. They mention to the draft constitution they have already drawn up as part of a broader draft of lawyers who share their views. According to him, for example, judges should be chosen from among candidates... supported by local politicians who received at least 60% of voters.
The blocking legislative changes of the legislature would consist of representatives of local administrations and presidents of “the largest cities”.
"Since 2018 we have co-chaired a cross-party group of 130 intellectuals active in the improvement of a fresh constitutional imagination for Poland. This initiative – known as the Incubator of the Social Agreement (IUS, from the Polish acronym) – is simply a unique area of cooperation, uniting staunch critics of the Law and Justice, specified as us, with his cautious and even staunch supporters. Our imagination was presented in a 2023 book, whose English-language edition will shortly appear. The book presents a pragmatic yet ambitious model of constitutional renewal. Its core is simply a fresh constitutional arrangement based on territorial decentralisation and over-ideological division of power."
The authors add that their thought "(...) takes into account deep regional divisions in Poland – between a more urbanized, progressive north-west and more rural, conservative south-east".
They consider whether it would be possible for 'the right to consider a compromise in this area', but it is hard for a better emanation of 'libic' reasoning in the constitutional edition.
Written by Bartosz Lewandowski
tysol.pl/a145524-German-media-law-proposing-Polish-new-constitutions-and-in-land-country
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