The US and the European Union slammed a new law that allows Poland’s ruling party to probe opposition leader Donald Tusk, saying the legislation could be misused to interfere with a tightly contested election this year.
(Bloomberg) — The US and the European Union slammed a new law that allows Poland’s ruling party to probe opposition leader Donald Tusk, saying the legislation could be misused to interfere with a tightly contested election this year.
Hours after President Andrzej Duda approved the creation of a special parliamentary panel to investigate Russian meddling in Poland, State Department spokesman Matthew Miller said the US shares the concerns “expressed by many observers” that the panel “could be used to block the candidacy of opposition politicians without due process.”
The law threatens to damage Warsaw’s relations with the US at a time when Poland has become the main gateway for aid and arms sent to Ukraine since the Russian invasion began last year. The US has deployed 10,000 troops into Poland, an eastern NATO member state that President Joe Biden visited twice in less than a year.
The government in Warsaw has also sought to forge close economic ties with the US, including a deal to build the country’s first nuclear power plant and orders for military equipment.
The new legislation grants the investigating committee unprecedented powers, including the ability to effectively prevent officials from pursuing public office, bypassing the regular court system. Critics said the panel aims to discredit and potentially bar key opposition politicians from taking part in October’s elections and marks a further erosion of democratic standards by the government.
“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,” Miller said in the statement.
The government in Warsaw responded on Tuesday saying that the legislation is within its “sovereign national competence,” but it’s ready to discuss it.
“Poland highly values the alliance with United States and remains ready to engage in further dialogue through diplomatic channels,” the Foreign Ministry said in a statement. “We are always ready to clarify and explain all potential misinterpretations and doubts.”
The US criticism was followed by the EU. Justice Commissioner Didier Reynders said the European Commission would take action if needed. The EU’s General Affairs Council is meeting today to discuss so-called Article 7 procedure for Poland and Hungary amid risks to the rule of law in both countries. The creation of the panel will also be on the agenda.
“We have a special concern now about the situation in Poland with the creation by law of a special committee that will be able to deprive individuals from their right to be elected for the public office,” Reynders said. “It will be possible without any judicial review.”
Polish government spokesman Piotr Muller said any ban on taking office wouldn’t be immediate and would be subject to an appeals court ruling.
But critics of the regulations, including lawyers and opposition politicians, argue that decisions would take effect instantly and long judiciary proceedings could only reverse decisions years after the fact.
Parliamentary lawyers in Warsaw have also attacked the law as a violation of EU rules, while the country’s human rights ombudsman said parts of it violate the constitution.
Duda said the new law is needed to explain the scale of Russia’s influence in Poland, which he described as a fact.
“Public opinion has to make up its own mind over the actions of the representatives they choose in the general election,” he told reporters.
Jaroslaw Kaczynski, the leader of the ruling Law & Justice party, has for years accused Tusk — his main political rival — of tolerating Russian influence during his tenure as prime minister before 2015.
According to Tusk, the law intends to “eliminate” the government’s biggest potential rival in upcoming elections and called its backers “cowards.”
The move places the issue of alleged Russian meddling front and center amid campaigning. The government has blamed Russia for everything from spreading misinformation to spurring high inflation since the invasion of Ukraine.
Duda said that while he’s signing the bill into law, he will also ask the country’s top court to review it, citing doubts some have over its compliance with the constitution.
–With assistance from Maciej Martewicz.
(Updates with comment from Poland’s Foreign Ministry from 7th paragraph.)
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