How Polish Government Polarises Society and Goes against West to Win Elections

Monday, 4 September 2023

Poland will hold crucial parliamentary elections in just over a month, on October 15. This election campaign has been marked by several controversial initiatives by the Polish government, including the appointment by the Sejm of candidates to a commission to investigate Russian influence from 2007 to 2022.

The controversy is explained by the fact that the opposition believes this commission will be used as a tool against unwanted politicians, especially the current opposition party, Civic Platform, which has significant chances of returning to power.

The Polish government's idea has faced serious opposition from the West. So, official Warsaw may once again have problems both within the country and beyond, according Stanyslav Zhelikhovsky, a PhD in political science and international relations expert. Read more in his article The Law with a Dual Purpose: How Poland's Government Uses War to Fight the Opposition.

In late November, MPs from the ruling Law and Justice party (LaJ) introduced a bill to create a state commission to investigate Russian influence on Poland's internal security from 2007 to 2022 to determine the extent of Russian influence on Poland's domestic politics.

This initiative was immediately criticed. The newly created institution was accused of combining the functions of intelligence agencies, the prosecutor's office, and the judiciary, with its decisions not subject to judicial review, potentially leading to the removal of individuals from political life.

According to opposition representatives, the law is aimed at political opponents of the ruling party, especially against the leader of the Civic Platform, Donald Tusk (hence the nickname lex Tusk), which was explicitly mentioned in both the explanatory note and in government circles.

Legal experts unanimously assessed the commission as an unconstitutional entity created for purely propagandistic purposes.

"Lex Tusk" sparked a strong mobilisation of the Polish opposition, which organised what was perhaps the largest street demonstration since 1989 on June 4th. According to organisers, about half a million people took part in the Warsaw "Tusk March."

Criticism also came from the West, particularly from the European Union. In June, an investigation was urgently initiated due to the provisions of "lex Tusk," which, as explained by EC Deputy Head Vera Jourova, "could be used to influence the possibility of electing people to state positions without proper procedure."

In July, EU Commissioner for Justice Didier Reynders, in a letter to Polish Minister for EU Affairs Szymon Szynkowski vel Sęk, emphasised that presidential amendments to "lex Tusk" did not eliminate some key problems.

Moreover, on July 26, the Venice Commission called on Poland to fully and promptly cancel "lex Tusk."

However, the Polish government continued to work on the commission, prompting Brussels to issue Reynders' warnings.

Even this did not deter the government. On August 30, the Polish Sejm approved the composition of the commission with the votes of the Law and Justice party (the opposition boycotted).

The Polish government demonstratively ignored the objections of the opposition, legal experts, and the European Commission.

As a result, Warsaw may find itself in a difficult situation once again.

First, this deepens polarisation within the country, which will only intensify as the elections approach.

Second, it represents another deterioration in relations with the West, which is an extremely alarming trend, especially given the ongoing Russia-Ukraine war.

However, it appears that the ruling Polish party is willing to pay such a high price just to secure victory in the October 15 elections.

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