Polish MFA replies to U.S. State Department's concerns regarding "Lex Tusk"

Poland's president said on Monday he would sign a bill to allow a panel to investigate whether the opposition Civic Platform (PO) party allowed the country to be unduly influenced by Russia and as a result too dependent on its fuel when it was in power.

U.S. Department of State issued a statement regarding the new legislation adopted by Poland.

"The U.S. Government is concerned by the Polish government’s passage of new legislation that could be misused to interfere with Poland’s free and fair elections. We share the concerns expressed by many observers that this law to create a commission to investigate Russian influence could be used to block the candidacy of opposition politicians without due process," the Department of State said.

"We call on the government of Poland to ensure this law does not preempt voters’ ability to vote for candidate of their choice and that it not be invoked or abused in ways that could affect the perceived legitimacy of elections," it added.

Poland's Ministry of Foreign Affairs on Tuesday issued a statement in response to the concern voiced regarding the new law.

"Poland appreciates our allies' opinions and remarks regarding our national legislation. Underlining strongly that this legislation remains within sovereign national competence of the Polish parliament, we are always ready to clarify and explain all potential misinterpretations and doubts about it," the MFA said at its website.

"Russian influence on Poland's domestic security requires thorough investigation and public scrutiny. The newly adopted law on establishing a National Committee to investigate Russian influence on Poland's domestic security in the years 2007-2022 ensures such investigation to be carried out with public transparency to the fullest possible degree, providing due process in a fair procedure. To ensure impartiality, the Committee will be composed of members designated by all political groups in the parliament," the statement added.

"The proceedings will be carried out according to the principle of objective truth, with examination of all available evidence, presented also by the interested parties. Furthermore, any party subject to a Committee's decision will have the right to appeal it to an administrative court in a two-instance procedure, and to request that it is provisionally suspended until the final verdict of the court. The Committee's work will not limit voters' ability to vote for their candidates in elections; on the contrary – it will provide the public with wider access to information about matters crucial to national security," we read.

"Poland highly values the alliance with United States and remains ready to engage in further dialogue through diplomatic channels."

President Andrzej Duda said on Monday he would sign the bill because he believed it "should enter into force" but he also said he would ask the Constitutional Tribunal to examine criticism that the legislationis unconstitutional.

The liberal PO, in government from 2007 to 2015, rejects the claims and says the law is designed to destroy support for its leader and former prime minister Donald Tusk ahead of an election scheduled for October or November.

The bill would set up an investigative commission that could deliver an initial report in September. Opposition figures have nicknamed it Lex Tusk, using the Latin word for law.

"In a normal democratic country, somebody who is president of that country would never sign such a Stalin-esque law," PO lawmaker Marcin Kierwiński told TVN24.

The Polish Judges' Association Iustitia said the law breached European Union values and could prompt more punitive EU measures over democratic backsliding in Poland. The U.S. ambassador to Poland, Mark Brzezinski, also voiced concerns.

"The U.S. government shares concerns about laws that may ostensibly reduce voters' ability to vote for those they want to vote for, outside of a clearly defined process in an independent court," he told TVN24 BiS.

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.

The parliamentary commission will investigate the period 2007-2022 and 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 public office.