Bosak: the dispute over TK may diminish Poland's sovereignty

Zdjęcie: Bosak: spór o TK może pomniejszyć suwerenność Polski

Krzysztof Bosak, in an interview published on November 10, assessed that the actions of the government camp against the Constitutional Court endanger to restrict Polish sovereignty to global courts. The Deputy Marshal of the Sejm has a dispute with the primacy of the Constitution. At stake is who yet sets limits to the law of the Poles in force.

Warning against changing the hierarchy

Radio Maryja published a condition of the conversation on November 10 Krzysztof Bosak with “Our Journal”. Deputy Marshal of the Sejm said that the actions of the present majority around the Constitutional Court may lead to a wider submission of Poland to the rulings of global institutions. In his opinion, the environment supporting the government adopts the rule of superiority of EU law over the Polish constitutional order.

It's an opposition policy position, not a court ruling. However, they must be taken seriously due to the fact that they contact on the basic systemic question: whether the Constitution remains the highest law in the Republic, or whether the limits of the powers of the State will in practice be determined by external authorities. The dispute over the Court had already grown under force from the Strasbourg rulings.

Bosak indicates the intent of the government camp

Bosak estimated that the main nonsubjective of the current camp of power was to break up the organization base associated with the erstwhile government. He mentioned the civilian Coalition, the Left and the working part of the legal community. According to him, they will effort to consolidate their view of the supremacy of EU law erstwhile they have gained influence on the TK.

The political conflict is sharp, but its effect can go far beyond the word of 1 government. The Court is to examine the compatibility of global laws and agreements with the Constitution. If this function is subject to an ad hoc majority or to an external centre of explanation of the law, the citizen loses a national barrier protecting him against the transfer of further competences without the clear consent of the nation. In DN archive we described how The Court of Justice ruling raised questions about the limits of sovereignty.

Police presence thread at the Court

The conversation besides brought back the events of October 30. Bosak said that he appeared at the time in front of the TK's office due to the fact that he recognized the authorities' actions and police presence as a forceful attack on the Court. He besides announced that Sławomir Mentzen and leaders of another right-wing opposition groups had arrived.

These words are an assessment of the associate in the dispute and require specified distribution. This does not change the fact that the usage of the Police in the conflict over the cast and functioning of the constitutional body of the state aggravates the crisis of trust. The institution is not rebuilt by a demonstration of strength. Public procedures, respect for the Constitution and a solution that will not request to be defended by police cordon are needed.

The right of Poles to self-determination is at stake

The dispute over TK is presented as a individual war between the erstwhile and the current majority. It's a comfortable curtain. For Poles, the real effect counts: whether laws passed in Warsaw and assessed according to the Polish Constitution will stay under the control of the authorities of the Republic. Decision to leave the Court without a budget for 2027 has shown that the conflict besides includes financial tools.

Bosak rightly directs his attention to sovereignty, though each assessment must be separated from established facts. Poland can fulfil global obligations and at the same time safeguard its own Constitution. The boundary is clear: cooperation must not mean submission, and the repair of the institution must not service to take over them by the current camp of power. The eventual stake is the nation's right to act on its own.

Source: Radio Maryja, “Our Journal”.

Source: Radio Maryja

Main image generated by AI based on a photo. Adrian Grycuk / Wikimedia Commons, CC BY-SA 3.0 en.