The process of masking and distant specialization to support enterprises and workers affected by the coronavirus epidemic has compromised major political discourse-forming parties in Poland. erstwhile again, the case law of the Constitutional Court turned out to be of no use, which turns a blind eye to the changes made to the electoral rules for 5 twelfths.
So-called. The anti-crisis shield was intended to be the main bridge for the ruling system, after which it would calmly pass through the coronavirus pandemic crisis and through the fast weakening of the Polish economy. The latter, of course, was not straight triggered by the former, but alternatively by the top-down decisions of the PiS authorities, which adopted specified a alternatively than another crisis management strategy. It may be assumed that in a fewer years the communicative will be common, that – as with the Balcerowicz Plan – there was no another way then...
But even if it was, the group of Jarosław Kaczyński and his allies did not usage it to accomplish the main political goal – to hold presidential elections on the originally planned 10 May deadline. Against this, the full opposition is protesting, surpassing in ideas to gain as much public support as possible.
Andrzej Duda (again) on a white horse
The “Anti-crisis Tartar” had another nonsubjective and was achieved rather quickly. It was about showing the key function in her preparation of president Andrzej Duda and showing the public that without his intervention Polish entrepreneurs and workers would not gain so much. And so, as of Saturday 21 March, we began to see headlines in the kind "President corrects the Crisis Shield", "Andrzej Duda announces the release of ZUS contributions" etc.
However, in order to decision from words to deeds, it was essential to pass a bill containing all these proposals, which for respective days have been so pushily promoted in government media. After a brief dispute in the Bureau of the Sejm regarding the procedure for proceeding the Chamber, which did not want to – in the eyes of the quarantined citizens – to sit so calmly on 2 days in the Sejm's benches – it was established that the Sejm would meet on a permanent basis in 11 rooms in order to vote on the amendment of the Rules of Procedure, introducing the anticipation of working remotely.
The second day of the session of the Sejm had already started on fresh principles and that was erstwhile the most astonishing events took place. The Government's initiative to install in Poland the said “ship” entitled “a draft law amending the Act on peculiar Solutions for the Prevention, Prevention and Control of COVID-19, another Infectious Diseases and Emerging Crisis Situations and any another Laws” passed within a twelve hours of all 3 readings.
To 330 pages of the project, which focused mainly on making cut-off changes to a number of another laws so that they would implement the economical proposals of the government and the president, the opposition submitted a full of 110 pages of amendments. But more crucial were those amendments tabled by PiS Members between midnight and 3:00 a.m. They introduced a number of changes to the Electoral Code, which is simply a bill grouping the ordination of all central elections held in Poland. These included broadening the scope of persons subject to the anticipation of correspondence voting, changing the deadlines of applications for specified voting procedures, and besides voting by a proxy. Thus the "modified" bill was put to the final vote after 6 a.m. and it was supported by 228 members of the club PiS and... 115 members of the club KO.
Why did the Citizens' Platform with allies rise the votes “in favour”? We do not know that, but politicians of this formation did not prevent it from raising the media alarm and slogans accusing the Law and Justices of heading to power over dead bodies. erstwhile the warm days return, they will most likely wear the shirts with the inscription "CONSTITUTION" again and will play the old theatre in the name of the expected defence of the basic law.
The amendment of electoral ordination 42 days before the election is simply a highly controversial action, due to the fact that the signaling anticipation that the ruling organization matches the form of electoral law with favorable conditions. In this direction, it can be read as much as possible to facilitate the voting of people in hazard groups of infectious diseases. As we know, coronavirus can origin more serious wellness problems, in fact only for older people, and among specified people the voters of PiS and Andrzej Duda dominate.
This is not the first specified case under the current 1997 Constitution of Poland. 4 years after its adoption, at the threshold of the 2001 parliamentary elections, AWS MPs voted a major modification of the electoral order to the Sejm, turning the method of converting D’Hondt's votes into a more favourable method for groups achieving results in polls precisely like the AWS of the time – Sainte Lague method. That amendment did small to aid the formations of Marian Krzaklewski and Jerzy Buzek, as the AWS in the election was lost under the threshold for coalition committees, but did not let postcommunists from the SLD to take power independently after the election triumph.
Electoral ordinance – treading on thin ice
Similar was the amendment of the regulations to the fall 2006 local elections. At that time, however, the case went to the Constitutional Court, which looked critically at it, writing in judgement K 31/06 about the request to "apply the appropriate deadline for the entry into force of the law so that its addressees could decently prepare for its requirements and not be amazed by the fresh legislation". The right ones. vacatio legis for changes in electoral law was to be at least 6 months.
However, the Polish constitutional court has the disadvantage that it is besides frequently subject to political force and very boldly outlines the field of the case under investigation. Over time, this generates a large inconsistency of his case law – from where the wind will blow, this way the tribunal will “interpret”. It is no different – in judgement K 9/11, issued 5 years after the 2006 ruling, the judges justified their deficiency of principity in the question of the prosecution of parliament erstwhile it changes electoral law just before the election. 1 of them, justice Mirosław Granat, pointed out in a separate conviction to that judgment, saying: "The TK declares that a given period (6 months – p.m.) is simply a value which cannot be ignored in the process of legislating electoral law, but accepts its violation".
In this way, the frivolous legal order of the III Republic (i.e. de facto disorder) creates a space for specified amendments as this amendment of the Electoral Code, conducted at dawn in a forum armed to the teeth with masks and gloves of the Sejm. In the course of the game, politicians of the governing organization besides justified the "historical necessity" of changing rules rather quickly. According to Andrzej Dera of the Chancellery of the president of the Republic of Poland, the electoral code can be changed just before the elections, as far as method changes are concerned. In Sukurs, Marcin Horala came to him, who reminded him that in 2019 the Sejm changed method aspects of parliamentary ordination little than 6 months before the elections and was accepted by erstwhile justice of the Court and then president of PKW Prof. Wojciech Hermelinski.
Where, then, in this political arrangement search common sense? How do you view judges who relativize their judgments and politicians who deny their own votes in the postulates shouted to the cameras? Undoubtedly, we all will not be harmed by a small distance to the full issue and a critical look at the full political and systemic strategy of the 3rd Republic, which will should be built again sooner or later.
Dr. Paul Momro
The article was originally published on the portal PCh24.pl
