“The Prime Minister said directly that if he does not have the instruments, he will be at the border, or even a little further than the border. And Minister Bodnar said that they would look for a legal basis. This is not how things work in a state of law,” said Jan Majchrowski, a former Supreme Court judge, from the “Poranek wPolsce24” program.
In an interview with Magdalena Ogórek, Professor Majchrowski referred to Donald Tusk’s words about “fighting democracy”.
This term was coined before the Second World War, in the 1930s, in Germany. The point is that it was not a liberal democracy – as it is called today – but a democracy that intervenes very actively and breaks certain behaviours, even above the law. You do not hang out with the enemies of democracy. What could that lead to? I said at yesterday’s demonstration that I took part in, in front of the Ministry of Justice, and also in front of the Ministry of Public Security, because it is the same building, that a combative democracy could soon turn into a combative democracy.
– he said.
Prime Minister Tusk says: ‘What can I do?’ “I have taken over the government in Poland, the constitution and laws give me as many rights as they give me, but I want more because I have to clean up the mess of a political opponent.” He sees this in the National Bank of Poland, the Constitutional Court, the Public Television and in unelected bodies and institutions. After all, people elected MPs by vote, but that does not mean that they changed the chairman of the NBP or that they changed the Constitutional Court.
– he observed and added:
So far, everyone has respected these rules of the game. After all, in 2005/2006, PiS was in power, in a coalition, but it was there, it had its own prime minister, the Constitutional Court, in its current composition, was a big problem for PiS in power. And did Jarosław Kaczyński come out and say that now there will be a “fighting democracy” or that strong people will come and lead the people? It was unthinkable!
“In a state governed by law, there is a legal basis and we act on that basis.
Prime Minister Tusk said directly that if he does not have the instruments, he will be at the border, or even a little bit more than at the border. And Minister Bodnar said that they would look for a legal basis. That is not how things work in a state of law. In a state of law, there is a legal basis and actions are based on it, not the other way around, because it reminds us of the old “give me a person and I will find a paragraph”.
– Professor Majchrowski recalled. He also referred to the fact that the representatives of the current ruling coalition, when they were still in opposition, were primarily concerned with the constitution, but now the situation is different.
Apparently, all this had a purpose, because in the opinion of some, the end justifies the means, that is, one can invoke the constitution when it is convenient and should not do so when it is inconvenient. The whole point is that this right must be respected. I will give my own example – I was not a fan of the current constitution. I co-founded the alternative project “Solidarity”, which collected 1.9 million signatures from citizens and which did not pass. However, some provisions were included in the current constitution – it was accepted. But when I became a judge of the Supreme Court, I swore before the president, among other things: that I will respect this constitution.
– he said and summarized:
It doesn’t matter whether I like a provision of the Constitution or not. It’s not something you can choose.
READ MORE:
—Prof. Majchrowski: Tusk has liquidated the Third Polish Republic. We are moving towards a state of dictatorship. A combative democracy will soon be a combative democracy
– ONLY WITH US. Ostrowski: Judges are separated – some for recycling, others for waste. These are totalitarian ideas, the prime minister will be punished
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