Warsaw correspondent Philipp Fritz chose the ultimate Court's ruling on the validity of presidential elections as the starting point for considering the situation in the Polish judiciary. He recalled that the judges had found irregularities erstwhile counting the votes, but considered that they did not affect the final result of the vote.
More than 50,000 complaints were received by SN. The judges ordered a recalculation in 13 of 30000 polling venues – reads "WamS" – the Sunday edition of the diary "Die Welt".
Lack of assurance in the ultimate Court
Fritz pointed out the "serious doubts" existing in society about the result of the vote. The problem is, in his opinion, the failure of trust in the ultimate Court, which resulted from the political transformation of justice over the years.
The German writer pointed out that the effects of the reconstruction of justice implemented since 2015 by PiS Jarosław Kaczyński stay a current problem for Poles. "The government of Donald Tusk, who took power in 2023, was incapable to undo these changes," the author stressed.
The Fiasco of the Redemocratisation of Courts
Contrary to the electoral promises, the Polish judiciary was not "re-democratized". president Andrzej Duda prevents any attempts to improvement with veto. It is expected that his successor, Karol Nawrocki, will proceed his policy," explains Fritz.
The author recalled that the redevelopment of justice was until the failure of power in 2023 as the "key objective" of the Law and Justice. Disgusting judges were put before the Disciplinary Board, a fresh selection procedure was created for judges and fresh chambers. 1 of them is the home of Extraordinary Control and Public Affairs, which has now decided to recognise the result of the election. Fritz stressed that in 2023 the Court of Justice of the European Union (TEU) ruled that this chamber was not an independent court. And now this home has declared the election crucial – the author has said.
Despite the change in power, chaos and anarchy in the courts
National Conservatives (such German media specify the camp of Jarosław Kaczyński – ed.) created a strategy in which judgments of courts may, "depending on the views of different political forces", be recognized or not. "A half a year after Tusk came to power, there was chaos and anarchy in the courts," said writer "WamS".
Among the examples for the political instrumentalization of the courts, Fritz cited the Constitutional Court's ruling of 7 October 2021. The judges of the Constitutional Tribunal ruled that the European treaties did not comply with the Polish Constitution. This judgement was a "apogee of conflict" between Poland and the European Commission and the EU Treaty. For many experts, this conviction is tantamount to a "legal Polexit" – Fritz writes, adding that the ruling has not yet been revoked.
