Ordo Iuris experts raise the alarm in Poland: “The Tusk government systematically violates the principles of a democratic state governed by the rule of law.”

Adobe Stock

According to the authors of the report published today, titled “Violations of the Principles of a Democratic State of Law and the Rule of Law by the Government Donald Tusk after December 13, 2023,” the authorities, under the leadership of Polish PM Donald Tusk, undertook “numerous unlawful actions aimed at eliminating opposition views from the public sphere,” systematically violating the foundations of a democratic state governed by the rule of law. The document provides a detailed analysis of the controversial decisions made during the first 18 months of the current government's tenure.​​​​​

DOWNLOAD THE REPORT – LINK

Key report findings

The report identifies the following main areas of violations: attacks on democratic institutions, interference in the judiciary, and manipulations in the electoral process, as well as indicating various threats to civil liberties.

Media and freedom of speech: According to the document, the government began its term by unlawfully taking over public media based on a parliamentary resolution that does not constitute a universally binding legal act. The report indicates systematic exclusion of TV Republika journalists from press conferences, which the Regional Court in Warsaw recognized as an attempt to suppress press criticism.

Judiciary: The document details actions towards key justice system institutions. According to the report, the Sejm (the lower house of the Polish parliament) unjustifiably questioned the legality of the functioning of the National Council of the Judiciary, drastically reducing its budget – which Poland’s Constitutional Tribunal deemed unconstitutional. Justice Minister Adam Bodnar also attempted to dismiss court presidents in a manner that the Constitutional Tribunal described as contrary to law.

The report pays particular attention to the case of the National Prosecutor Dariusz Barski, whom Minister Bodnar removed from office, which both the Polish Supreme Court and the Constitutional Tribunal deemed unlawful.

Constitutional Tribunal: Starting from March 2024, the government of Donald Tusk ceased publishing verdicts of the Constitutional Tribunal, which the report describes as an unprecedented undermining of the constitutional legal order.

Election process: The report indicates manipulations in the composition of the National Electoral Commission, where Law and Justice (PiS) received only two seats instead of three, and the Confederation was completely excluded. Later on, the Minister of Finance refused to pay the subsidy to PiS despite the legally binding resolution of the National Electoral Commission ordering the payment after the Supreme Court overturned the initial decision to reject the financial report.

Right to life: The Ministry of Health has issued non-binding guidelines that liberalize access to abortion, circumventing the 2020 Constitutional Tribunal ruling as well as previous CT rulings and the applicable law. Financial penalties were also introduced for hospitals that do not perform abortions.

Religious freedom: Warsaw Mayor Rafał Trzaskowski has instituted a ban on the display of religious symbols in the city hall. Education Minister Barbara Nowacka has repeatedly issued regulations concerning religious education classes in an unconstitutional manner, ignoring the rulings of the Constitutional Tribunal.

Right to a court: The mandates of PiS MPs Kamiński and Wąsik were unlawfully terminated, the immunity of PiS MP Romanowski was violated, and priest Michał Olszewski was detained for 8 months under conditions described by the Ombudsman as “inhumane treatment.”

Freedom of assembly: Restrictions on the Independence March, forceful searches of the organizers’ headquarters, and the use of police violence against protesting farmers.

Takeover of state institutions: The report thoroughly documents the unlawful takeover of public media, attempts to neutralize the Constitutional Tribunal, and the National Prosecutor's Office. On December 19, 2023, based on a non-binding parliamentary resolution, the boards of public television TVP, Polish Radio, and the Polish press agency PAP were dismissed.

Is this a coup d'état? “The current authorities have used the advantage of the executive and legislative apparatus in an unlawful manner,” says the President of the Constitutional Tribunal, Bogdan Święczkowski, who filed a notification of suspected coup.​​​​​​

International reactions

The document references the negative opinions of the Venice Commission, which criticized the judicial reform proposals and the non-publication of Constitutional Tribunal rulings.

Experts emphasize that the described actions violate not only Polish constitutional law, but also international standards in the field of human rights and democratic procedures.

Legal Context

The report recalls the words of Prime Minister Tusk, who announced actions “in accordance with the law, as we understand it” and the concept of “fighting democracy” (militant democracy) which may require actions “not entirely in accordance with the letter of the law.”

The authors of the document argue that the described actions go beyond standard political disputes and pose a systemic threat to the foundations of the democratic rule of law in Poland.

“In the face of almost daily questions from foreign think tanks about the state of the rule of law in Poland, we will also share the report with our European and American partners. Foreign observers now understand that the narrative of this authoritarian government is not credible and they are seeking reliable sources of information about the situation in our Homeland,” explains Łukasz Bernaciński, editor of the report titled “Violations of the Principles of a Democratic State of Law and the Rule of Law by the Government Donald Tusk after December 13, 2023.”