Late in the evening, a decision was made in the Sejm which shook the legal environment and social organizations throughout Poland. A bill was passed by the majority of the ruling, which, according to the government, is intended to "improve the functioning of the state". However, experts, constitutionalists and social activists strike an alarm, indicating that the fresh rules constitute serious threat to the independency of public institutions and the very foundations of democracy. The legislative process was rapid, which only exacerbates concerns about the intention of the project's authors.
The atmosphere around the bill is highly tense. The opposition thundered with the parliament's mouthpiece, and leading NGOs had already made calls for a presidential veto. Although changes may seem method to the average citizen, in practice they may mean limitation of social control and putting key government bodies in the hands of politicians. We are looking at precisely what the controversial rules contain and what their consequences may be for each of us.
What is the fresh bill? Key Changes You request to Know
The root of the problem is simply a fundamental change in the way public institutions are supervised, including the media. The fresh rules presume that existing, mostly independent, expert bodies will be replaced by individuals whose composition will be directly appointed by the competent minister. In practice, this means the end of the independency of the control authorities and their dependence on the current political will of the ruling party. It is simply a mechanics which, according to critics, opens the way to manual control of institutions that should uphold citizens' rights.
But that is not all. The law besides introduces a provision that raises the top controversy in the legal environment. It gives the chance immediate dismissal of members of supervisory boards and boards in public companies and institutions without the request to give any reason. Experts stress that this is simply a blow to the stableness and predictability of the functioning of the state. alternatively of substantive managers, people who are loyal to power may appear in key positions, which undermines trust in the full system.
The voice of experts is clear. "A hit at the base of the system"
A wave of criticism from legal authorities is expanding all hour. – This is simply a recipe that hits the foundations of the constitutional strategy – Dr. Tomasz Koncewicz, a valued constitutionalist from the University of Gdańsk, alarmed directly. In his opinion, we are faced with a trial the full submission of the executive authority institutions that have so far held a key control function.
It is co-founded by the largest civilian organizations in Poland. The Helsinki Human Rights Foundation, the Civic improvement Forum and the Batory Foundation issued a joint urgent appeal to the president to veto the bill. In their position, they stress that the fresh regulations are not only contrary to the Constitution of Polandbut besides with the democratic standards of the Council of Europe. – If the fresh law comes into force, it will make a dangerous precedent. The executive authority will be able to influence the composition of the supervisory authorities at any time – warned Agnieszka Bieńczyk-Missala, a public policy expert.
A flash legislative process. Thus the Sejm adopted key provisions
The way in which the bill was re-processed raises as much uncertainty as its content. The task went to the Sejm only 2 weeks ago, and the full legislative process was closed at an express pace. The first reading, the work in the committee, followed by the second and 3rd reading took place within a fewer days. The final vote took place Friday night latewhat many commentators read as an effort to avoid a broad public debate.
During the debate, the opposition warned that specified fundamental systemic changes could not be introduced in haste and without reliable public consultation. Nevertheless, the ruling majority rejected all the opposition amendments and pushed through the bill in the form proposed by the government. This mode of operation of the Sejm over key regulations for the state is seen as disregarding parliamentary principles and transparency.
What's next on the bill? These 3 scenarios are on the table.
Despite voting in the Sejm, the destiny of the bill is not yet determined. Now the paper will go to the Senate, which has 30 days to consider it. The legislature may amend or reject the bill entirely. However, due to the majority in the Sejm, the ruling may reject any legislature veto. The President's decision will so be crucial. Andrzej Duda can sign the bill, veto it or mention to the Constitutional Court to examine its compliance with the essential law.
Other possible actions besides appear on the horizon. Social organisations are already announcing protests for democracy, and the legal community is preparing a formal proposal to the Constitutional Court. It will surely not escape the attention of the European institutions. European Commission, which has already monitored the regulation of law in Poland, may initiate further investigations. The next fewer weeks will decide whether controversial law will enter into force.
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The Sejm passed the fresh bill. Experts are alerting: it is simply a threat to democracy!
