We have already been utilized to corrupt the law by organization officers called nomen omen "Law and Justice". Reporting government projects as parliamentary projects, pushing government without a appropriate parliamentary way or night voting are no longer an exception, but a standard.
Therefore, the fresh rules are frequently illogical, inconsistent and incompatible with the existing legal order. erstwhile you push them, it doesn't substance to reason, cognition or logic. All that matters is organization discipline and blind obedience to the authorities. It is no wonder that present the Law and Justice authorities, seemingly the exuberant ease with which they pass the laws, are giving the last brake on decency. This time they decided to "improve" for their own needs not only individual laws, but besides the constitution. On the agenda of the 76th gathering of the Polish Sejm, scheduled for 24 May 2023, the “Polish” draft law amending the Constitution of the Republic of Poland (print no. 2263) was adopted. It involves 2 major innovations.
The first is to amend Article 216 of the Constitution, concerning the limit of public debt. It presently accounts for 60% of yearly GDP. Applicants propose to add to the incriminated article the entry in the text: "In calculating the State government debt relationship, loans, guarantees and financial guarantees to finance defence needs of the Republic of Poland are not included in the yearly gross home product value. Accepting specified a provision means de facto abolishing the debt regulation and allowing the government to freely indebt us without any restrictions. This is so an highly dangerous solution, especially given the disinvolvement with which the rulers approach public funds.
Moreover, as the legal analysis of this Ordo Iuris task rightly indicates, the exclusion from the constitutional limit of the debt of the amounts of loans, guarantees and financial guarantees entered into to finance the defence needs of the Republic of Poland will not straight affect the improvement of the State's security. Moreover, in the current legal order, there are solutions that let commitments to be made for the stated intent but not included in public debt. The Home defence Act provides for the financing of the improvement of the Armed Forces not only from the state budget, but besides from the Armed Forces Support Fund at the Bank of the National Holding.
The second amendment is to add after Chapter XI, Chapter XIa, ‘State safety threat’, as follows:
"Article 234a. 1. In the event of an armed assault carried out by a abroad individual in the territory of the Republic of Poland or causing a direct threat to the interior safety of the Republic of Poland, the property of natural persons who are not Polish citizens, legal persons and another entities which are in the territory of the Republic of Poland may be taken over by the Treasury by law and without compensation, where it may be presumed that the property is or may be utilized in any part to finance or support in any another form an armed assault carried out by a abroad State or activities related to that attack, in peculiar due to the personal, organisational or financial relation of the property owner with the public authorities of that State.
- The assets taken over by the Treasury are utilized to support those affected by armed assault.
- The detailed way in which the State Treasury takes over the assets, including the scope of the presumption and exclusion from the presumption, is set out in the Act.’
In this way, the rulers want to open their way to taking over the property of Poles without the judgments of the courts, through administrative decisions. If these provisions enter into force, they will be able to deprive us of our lives in a completely recognised and uncontrollable way. In this way Poland will make another large step towards dark totalitarianism.
However, the full incriminated task clearly fails the standards of correct legislation. Its wording, specified as the concept of "defensive needs", is not precise and leaves a wide scope for explanation abuse. On the another hand, the application of the word ‘maybe’ in the proposed Article 234a makes the enforcement authority full aware of the application of the law.
Furthermore, as indicated in the earlier legal opinion of Ordo Iuris, any amendment to the Constitution requires due justification in the light of the fulfilment of the main tasks of the State and the preservation of the rights and freedoms of residents. The proposed amendment of Article 216(5) of the Constitution of the Republic of Poland does not meet this requirement, referring in peculiar to the political situation in which the Republic of Ukraine is presently located.
Fortunately, for us, the Act amending the Constitution passes by a majority of at least two-thirds of the votes in the presence of at least half of the statutory number of Members and the legislature by an absolute majority in the presence of at least half of the statutory number of Senators. Therefore, the chances of carrying out a scandalous written task of Hunwabins are negligible. However, the fact that specified a scandalous task has already occurred is significant. It reveals the way state affairs are bound by the apparatus of the present power. The construction of tight minds that do not let for a variety of views and differences of opinion. Which do not admit antagonists, but only enemies. Above all, however, they do not separate the state's right from their own peculiar interest.
These men must be removed from the control as shortly as possible. Although the power lost as a consequence of a democratic decision will be given back, it is simply a completely different matter. I have more and more doubts here.
Przemysław Piasta
Think Poland, No. 21-22 (21-28.05.2023)
