Waldemar Żurek, as the head of the Ministry of Justice and at the same time the lawyer General, in a conversation with PAP journalists was asked about the limits of the state's tolerance to utmost groups. He referred to a organization with a strong chief character that builds their message on aggression, seeks political gain on force and openly plays with the law.
As he pointed out, the current government clearly indicates the reasons for the political party's activity to be declared unconstitutional. Among another things, it is about calling for violence, breaking the law or referring to totalitarian ideologies. In specified cases, the delegation should not be a taboo subject.
“Everything that smells like fascism or communism should be banned in Poland,” said Żurek.
At the same time, Żurek clearly distanced himself from political visions of the "pub" at the discretion of the government. He stressed that only the Constitutional Court, acting in accordance with the Constitution and the composition of which there is no legal doubt, can decide to dissolve the party.
In the context of the dispute over the Constitutional Court and the legality of decisions
The Minister recalled that the present Constitutional Court remains at the heart of the dispute over the regulation of law. In his opinion, the members of the Constitutional Tribunal are elected in violation of the law, so decisions falling within specified a composition cannot be treated as binding judgments of a constitutional court.
– The conditions for illegalisation (party) are referred to by the law and this can be done by the Constitutional Court, but the Court in legal composition – says Żurek.
Żurek pointed out that as a lawyer, he could not pretend that decisions with the participation of unauthorised persons were full decisions. Hence, his scepticism towards the present judgments of the Court, which, in accordance with the Resolution of the Sejm of 2024, are not published in the authoritative diary of the Laws.
“If I see that there was an unauthorised individual in the ruling, I must say as a lawyer: this is not a judgment, he does not bind us,” Żurek said.
Braun got hit, too.
In the context of the statements of the Minister of Justice, there is simply a circumstantial political context. In fresh days, Minister of the Interior Marcin Kierwiński said that the Confederation of the Polish Crown Grzegorz Braun is located "on the border of illegalisation". He besides pointed to pro-Russian statements and "jumps" of the leader of the group.
Żurek, straight asked about this party, avoided a clear declaration as to whether it should be dissolved. He stressed that as a lawyer General, it must be based on concrete evidence and formal conclusions, not emotional assessments.
However, he did not hide that Grzegorz Braun's behaviour has raised serious legal doubts for years. He mentioned, among others, the loud extinguishing of Khanuk candles in the Sejm in December 2023 and the incidental in the infirmary in Oleśnica, where according to the prosecutor's office there was to be a violation of the physical immunity of the doctor. He besides pointed out matters concerning hatred speech and images of spiritual feelings in which the MEP had already lost immunity.
Such behaviours he called "the band of acts" which could be classified as crimes. However, he stressed that the final assessment belongs to independent courts and that the possible application to ban the organization must be based on solid, transparent evidence.
