The Constitutional Tribunal, on a motion made by president Karol Nawrocki, ruled unanimously that the objectives and activities of the Communist organization of Poland are incompatible with the Constitution of Poland. justice Krystyna Pawłowicz stated, inter alia, in the oral message that there could not be area for the organization in the legal order of the Polish Republic.glorifying criminals and communist regimes liable for the deaths of millions of human lives, including our countrymenIt’s okay. ” This ruling means in practice removing the Communist organization of Poland from the records of political parties.
The actions of the Constitutional Court were based on Article 13 of the Constitution of the Republic of Poland, which states that: "The existence of political parties and another organizations referring in their programmes to totalitarian methods and practices of the operation of Nazism, Fascism and Communism, as well as those whose program or activities assumes or licence racial and national hatred, the usage of force to gain power or influence state policy, or provides for the secrecy of structures or membershipIt’s okay. ” At this point it is worth to read and analyse this recipe again. It makes it clear that The existence of parties referring to the ideology of communism (including Nazism and fascism) is prohibited, but it is prohibited to mention to the "totaliztic methods and practices" of the abovementioned ideologies. Regardless, the grounds for the illegalisation of a political organization may be: included in the programme, or applicable activity – the establishment or acceptance of racial and national hatred, the usage of force in order to gain power or influence state policy, as well as the concealment of structures or membership by the party. In the present case, it is so not adequate to mention to the ideology of communism (in theoretical terms) or to mention selectively to the activities of the pre-war organization of that name.
Can it so be considered that the Communist organization of Poland actually threatened the legal order of Poland and were the conditions for its illegalisation met? The Constitutional Court has ruled in full and unanimously and separate sentences have been submitted. Despite this, doubts arise. In the oral justification of the judgment, justice Pavlowicz did not point to any point of the program of the NPP, which would be anti-constitutional, limiting itself to the uncovering that content from organization KPP publishers violates the legal order of the Republic of Poland. It should be stressed that the very fact of referring to the ideology of communism, referring to the pre-war achievements of the KPP, or the usage of the symbolism of the sickle and hammer – are not the same as referring to totalitarian methods and practices of communism. I may have missed something, but I have not heard the authorities of the Communist organization of Poland approve of the crimes of communism, or call for acts prohibited by law. In particular, I have not heard the Communist organization of Poland call for force to gain power or undermine democratic governance. If the Court had specified evidence, it should disclose it and make it public.
A notoriety is that the basic ideological assumptions of political parties are included in their programmes and ideological declarations. Furthermore, the above-mentioned article of the Constitution states explicitly that recourse to "totalitarian methods and practices of communism" must be included in the party's programme. I took the problem of examining the programme of the Communist organization of Poland, available on its website (this proves that the party's activity is not classified). In its programming declaration, the Communist organization of Poland, contrary to its name, refers not even to communism, but to socialism. We read: “Our eventual goal is to build a classless, democratic society within a socialist system. We strive for socialism, socialist reconstruction of the country's economy, the abolition of social classes, private ownership of means of production and exploitation, and the establishment of democratic folk governmentsIt’s okay. ” However, the declared abolition of private property is not consistent. It follows from the strategy that the State is only to get ownership of industrial plants, mines, public and freight transport, means of communication, natural resources (water, forest, natural materials), banks, financial and insurance institutions and wholesale trade. There is no nationalisation of tiny private property in terms of trade, services or crafts. Nor does the KPP show that the organization is against the democratic strategy and seeks to gain power through methods contrary to the law (revolution, coup). The fact is that democracy within the meaning of the NPP is not identical to liberal democracy. We read: “Today's system, although commonly identified with democracy, has small in common with actual democracy. Democracy means a strategy in which a decisive conviction belongs to most people. Democracy is more than just a anticipation to vote erstwhile all 4 years, in conditions where there is no real impact on the form of policies and decisions taken. Democracy must be implemented on a regular basis, in peculiar in workplaces, in local governments, in the immediate surroundingsIt’s okay. ” In the programme too, the arms organization at the same time guaranteed by the Constitution of civilian rights and freedoms: “As we are aware of the undemocraticness of the current political system, we defend those rights and freedoms which it provides to any extent. We must argue further restrictions on freedom of speech, the right to assembly and access to information, show and publically condemn civilian rights violations, corruption and the arrogance of power." In the following points, the Communist organization of Poland advocates: fighting for workers' rights, improvement of the taxation system, free and universal education, limitation of public administration, secular state and protection of culture and national heritage. He is not here to glorify crimes, call for force and discrimination, or question the principles of the democratic system.
Someone may say that the face of the organization is not just from her program. besides crucial is the current activity of the party, including: resolutions and statements on circumstantial matters, or the thesis contained in the organization press. To be honest, I did not carry out a detailed analysis of the letter “Lightning” is an organ of the Communist organization of Poland. However, even if any of the material in this newsletter violates the law, it is the work of circumstantial authors, not the full party. In a civilized country, collective work is not applied. I would besides like to remind you that Article 13 of the Polish Constitution cited above states that recourse to "totalitarian methods and practices” must be part of the party’s agenda, not of the casual statements of its members or of the press articles.
It is besides completely inappropriate to identify the Communist organization of Poland with its surname from the pre-war years. The continuity between the pre-war and modern KPP is not preserved. Operating since 1925 (formerly as the Communist Workers organization of Poland) was dissolved at Stalin's command in 1938, and a large part of its activists were shot (or otherwise liquidated) during the "great purge". The modern KPP so bears no work for the actions of the pre-war organization of the same name, criticised later in many respects by Władysław Gomulka.
So what was the real origin of the actions aimed at the Communist organization of Poland? possibly the fact that this group powerfully opposes Poland's presence in the European Union and NATO? possibly the fact that KPP consistently speaks against imperialist globalisation and presents an anti-war position? According to the Communist organization of Poland's programme, he advocates: "for equality, peaceful co-operation and the right of all nations to self-determine" and opposes “the desire of imperialism to establish an global dictatorshipIt’s okay. ” According to KPP: "In fresh years, we have seen a series of violent aggression in which the right of nations to self-determination is violated and war crimes are committed. These wars are accompanied by large propaganda campaigns that effectively control a large part of the public. Imperial countries, in peculiar the US, are effectively utilizing lies and propaganda to defend human rights or defend against terrorism, as was the case during NATO intervention in erstwhile Yugoslavia, Iraq, Afghanistan, Libya or Syria.It’s okay. ” For the elites ruling our country, specified views are highly unfair. It is not crucial that KPP is actually a couch organization and does not play any function on the Polish political stage. The delegation of the Communist organization of Poland is to be symbolic and preventive.
Some say that court judgments cannot be questioned. I do not question the Constitutional Court's judgement and do not question its legality (although the question of the legality of the Constitutional Tribunal itself has been the subject of political and legal dispute for a long time). I simply rise doubts and ask questions about what everyone in a democratic country has a right to. specified doubts arise in the case in question. Although I am not a supporter of communist ideology, nor a KPP activist (although I agree with any of the programs of this party), I believe The delegation of a political organization in a democratic state should be unique and based on irrefutable evidence. Otherwise, specified actions become dangerous. May I remind you that any of the environments demanded the illegalization of the National extremist Camp any time ago. Recently, there were besides demands for the illegalisation of the Confederation of the Polish Crown Grzegorz Braun.There is so a danger of instrumental usage of law to destruct political opponents. May the Constitutional Court ruling undermining the legality of the Communist organization of Poland not become a dangerous precedent, utilized in current political disputes.
Michał Radzikowski
