Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Friday, April 26, 2024 | Back issues
Courthouse News Service Courthouse News Service

Poland’s Tusk carries out government purge against former far-right rulers

Brussels was relieved after Poland's nationalist far-right government was defeated at the polls last October. Now, Donald Tusk, the new pro-European Union Polish prime minister, is carrying out what some are calling a “democratic coup.”

(CN) — It's being called a “democratic coup.”

Since returning as Poland's prime minister in December, Donald Tusk has lived up to his promise to use an “iron broom,” as he put it this past May on the campaign trail, to sweep away what critics say were eight years of dangerously authoritarian hard-right nationalist rule by the Law and Justice party.

Barely a month in office, Tusk is overseeing a drastic — though in some aspects constitutionally dubious — government purge in a bid to undo the work of Law and Justice, better known by its Polish initials PiS.

It's not easy for Tusk to unpick eight years of PiS rule. That's because standing in his way are Poland's president, Andrzej Duda, a PiS ally who wields veto powers, and a slew of officials and judges who got into office during the reign of Law and Justice. Duda's term ends in the summer of 2025 and Tusk's ruling coalition lacks the votes to overturn the president's veto power.

Undeterred, Tusk is opting to find methods to get around Duda's veto and he's refused to recognize as legitimate judicial reforms instituted by PiS, a stance in line with European Union officials and courts.

Under its contested reforms, Law and Justice set up new judicial chambers and brought in numerous new judges and prosecutors. Critics decried the changes as a bid to concentrate power and weaken the judiciary's independence.

The judicial overhaul turned into a long-running rule-of-law dispute between PiS and the EU. The bloc's highest court declared the reforms illegal, but Poland's Constitutional Tribunal, which is in the hands of PiS judges, disagreed.

The clash got so brutal that the EU blocked billions of dollars in funds slated for Poland, saying they will only be released once Warsaw rolls back its reforms. Tusk is seeking to obtain those funds by undoing the judicial changes, but PiS-appointed judges and Duda are blocking those efforts.

Tusk's purge has been sharp and broad.

Shortly before Christmas, Poland's three major state media outlets were overhauled: A slew of managers, supervisors and journalists hired during Law and Justice's time in government were sacked and the live feed of TVP Info, a state broadcaster, was cut off. Tusk accused Law and Justice of turning state media into propaganda organs.

But the move was questioned as potentially illegal not only by PiS members but also by legal experts because Tusk bypassed the national media council, a body responsible for appointing and firing the management of state-owned media. But Tusk saw that body as an obstacle because it was run by PiS appointees.

Other PiS loyalists have also been shown the door, including Janusz Janowski, the director of the national gallery whose appointment was criticized by the Polish art world as another effort by the PiS to stamp its conservative views on society. In firing Janowski, Tusk's culture minister Bartłomiej Sienkiewicz also scrapped Janowski's selection for Poland's official entry to the Venice Biennale — nationalistic works of art by Ignacy Czwartos.

This month, Tusk set in motion efforts to roll back the Law and Justice's judicial reforms.

In a move that angered Duda, Tusk’s Justice Minister and Chief Prosecutor Adam Bodnar replaced Dariusz Barski, the head of the National Public Prosecutor’s Office, without getting Duda’s approval.

The president called the sacking unlawful, saying it needed his approval. But Tusk retorted that Barski was improperly appointed in 2022.

Then, the Constitutional Tribunal issued a decree on Monday suspending the nomination of Barski’s replacement.

One of the court's judges, Krystyna Pawłowicz, took to social media on Sunday and spoke out against Tusk's government, likening its actions to Poland's past communist rulers.

ADVERTISEMENT

“The neo-Bolshevik demolition of Poland is progressing,” she wrote on X, formerly Twitter.

Meanwhile, Tusk ordered the arrest of two PiS politicians, Mariusz Kamiński and Maciej Wąsik, even though Duda had pardoned them in 2015. Citing a Supreme Court decision, Tusk said those pardons were invalid because they had been issued prior to a final verdict in the politicians' cases. Both were convicted of abuse of power and sentenced to two years in prison. The charges went back to a corruption case they handled in 2007 aimed at destroying a party that was a coalition partner of PiS, according to news reports.

In a dramatic twist, Tusk ordered police to arrest Kamiński and Wąsik even as they were hiding out in Duda's presidential palace. After their arrest, Duda called them “political prisoners” and vowed to ensure their release.

The two politicians reportedly are on hunger strike in prison. Their arrests and other actions by Tusk became the rallying call for a large protest in Warsaw led by PiS last Thursday.

On Monday, Duda and Tusk met in the presidential palace to try to calm tensions, though both politicians afterward expressed no intention of backing down.

In a news conference, Tusk said he told Duda that the president “has had a hand since 2015 in the devastation of the rule of law and legal order in Poland.”

Speaking to reporters, Duda called for “deescalation” of the conflict but accused Tusk of breaking the law.

“I appealed to the prime minister to restore the situation in accordance with the law. Not only with the law, but also with the constitution,” Duda said, as reported by Politico.

Poland, then, has become a central stage in a new debate over the meaning of the rule of law in the EU: Is it OK to skirt the law in order to restore democracy, as Tusk says he is doing?

To many on the right in Poland and across Europe, the answer is obvious: No, it isn't. For them, Tusk is doing exactly what Law and Justice was accused of doing after it seized power in 2015 — sidestepping the law to further a political agenda.

But for those who see Tusk as a savior of Polish democracy, his actions are justified because they say Law and Justice's authoritarian legacy can only be undone with blunt force. Tusk's recent statements about seeking to liberalize abortion and ensuring Poland joins EU efforts to tackle climate change — positions opposed by PiS — have boosted hopes that Tusk is returning Poland to the EU mainstream.

Tusk, a former president of the European Council, is being lauded as a model for other leaders to follow in the battle with far-right forces.

“These decisive, if heavy-handed, actions come at a time when democrats globally are searching for strategies to deal with populists,” wrote Maciej Kisilowski, a law professor at the Central European University in Vienna, in a Financial Times opinion piece.

“To be sure, the new government has attracted criticism with a vocal minority of experts questioning the procedural legality of some of the recent moves. But the results are notable,” Kisilowski said. “Tusk is proving that democracy can bite back. That will certainly not endear him to the rightwing electorate, but it can engender a measure of grudging respect and, ultimately, compliance.”

Aleks Szczerbiak, an expert on Polish politics at the University of Sussex in England, said in an analysis that Tusk's supporters see his government's actions as a necessary “democratic coup.”

They believe “constitutional safeguards can (indeed, should) sometimes be ignored when taking steps to restore legal order to institutions that have been corrupted and whose legitimacy is questionable,” Szczerbiak said. “In other words, that restoring democracy and the ‘rule of law’ sometimes requires un-democratic and un-lawful (or questionably democratic and lawful) means.”

But he said this argument is very similar to the one deployed by Law and Justice.

After taking power, Law and Justice leaders argued that systemic reforms and replacing government elites were “necessary to repair the flawed institutions and elites that emerged following Poland’s distorted post-1989 transition to democracy,” Szczerbiak said.

He added that “a lot of role reversal” can be expected in the coming months “with Law and Justice citing the constitution and accusing the new government of violating the ‘rule of law’ in exactly the same way that the now-governing parties did about its predecessor during the previous eight years when they were in opposition.”

Courthouse News reporter Cain Burdeau is based in the European Union.

Follow @cainburdeau
Categories / Courts, Government, International, Law, Politics

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...