Why former Polish Prime Minister faces criminal charges and its consequences
Former Prime Minister of Poland and the most likely presidential candidate from the opposition party Law and Justice, Mateusz Morawiecki, is on the brink of facing criminal charges.
The current government, which is initiating this case, needs undeniable evidence to avoid accusations of political persecution.
Read more about the case against Morawiecki and its implications in the article by Stanislav Zhelikhovsky, PhD in political science and international expert – Case against the former prime Minister: What is behind the persecution of Poland's key opposition politician.
The allegations against the former Polish Prime Minister relate to events in 2020 during the COVID-19 pandemic, when Poland was set to hold presidential elections in May. The government faced a dilemma: either postpone the elections to a safer time or find alternative ways to conduct the vote.
Postponing the elections was seen as unfavourable for the ruling party Law and Justice, as the economic situation was deteriorating, potentially harming the ratings of the incumbent president, Andrzej Duda. Consequently, the government decided to allow Polish citizens to vote by mail.
The government, led by Prime Minister Mateusz Morawiecki, ordered Polish Post to take measures to prepare for the presidential elections via mail. This included printing the necessary ballots, instructions and forms by the state printing office.
This decision was made without the approval of the Sejm, raising doubts about its legality. In April 2020, then Ombudsman Adam Bodnar challenged the postal voting decision in the administrative court, stating it violated the law and negatively impacted citizens' rights.
The postal voting planned for 10 May 2020 did not take place as intended. Elections were held later. With the change of government at the end of 2023 and Donald Tusk's return to power, it became clear that Mateusz Morawiecki would become a suspect.
In late June, the Voivodeship Administrative Court ruled that Morawiecki's decision violated the constitution, the law on the Council of Ministers and the Election Code. This decision was upheld by the Supreme Administrative Court of Poland. Morawiecki called the court's ruling "completely detached from those times and the threat that existed."
The current Polish government also scrutinised more recent actions by Morawiecki, including alleged pressure on the Italian Prime Minister to reject the new Polish ambassador to Rome, Ryszard Schnepf, appointed by Donald Tusk's government.
This situation could damage Poland's reputation as it prepares to take on the EU Council Presidency on 1 January 2025 and might appear as political retaliation by the new government. This could pose a significant problem for Poland.