The European Commission expressed concerns on Tuesday (May 30) about a new Polish law which could effectively ban individuals from public office with no possibility of appeal to an independent court. Justice commissioner Didier Reynders said it was "impossible to agree on such a system without a real access to justice", and that the Commission would take measures if necessary.
"We have a special concern now about the situation in Poland with the creation by law of a special committee able to deprive citizens, individuals from their rights to be elected in a public function, public office. So it will be possible to do that with an administrative decision without any judicial review," European Commissioner for Justice Didier Reynders said on Tuesday.
"So it's a special concern and the Commission will analyse the legislation, but we will not hesitate to take measures if it's needed, because it's impossible to agree on such a system without a real access to justice, to an independent judge, against an administrative decision," he added.
Polish President Andrzej Duda said on Monday he would sign the bill allowing it to enter into force but would also ask the Constitutional Tribunal to examine criticism that the legislation is unconstitutional.
"I decided to sign a bill that has recently left the parliament, and it concerns the appointment of a special state commission to clarify Russian influence on issues related to the security of the Republic of Poland over the last two decades," Duda said.
"There are people who raise constitutional doubts. I am taking advantage of the possibilities offered by the Polish Constitution to the president, and in addition to signing the act, which means its entry into force, I will also refer it to the Constitutional Tribunal in a subsequent procedure, so that the Constitutional Tribunal will also refer to those issues that raise doubts," the president added.
The bill would set up an investigative commission that will investigate the 2007-2022 period and could deliver an initial report in September and comes ahead of parliamentary elections in October or November.
It will have the power to ban people found to have acted under Russian influence from holding security clearance or working in roles where they would be responsible for public funds for 10 years, effectively disqualifying them from most public offices.
Strongly criticised as unconstitutional by several judicial organisations, including the parliament's own legal office, the law is widely seen as a way for Poland's ruling eurosceptic and nationalist PiS to block top opposition politicians, including former Prime Minister Donald Tusk, from taking office if the PiS is ousted in the elections.
Recent opinion polls showed PiS still enjoys the highest support among political parties - over 30% - but it may not win enough votes to command a majority in parliament.
Źródło: TVN24 News in English, Reuters
Źródło zdjęcia głównego: TVN24