Antoni Ciszewski: Bodnarian lesson of determination
Adam Bodnar gives us, as Minister of Justice and lawyer General, circumstantial lessons on the improvement of legal standards, in the dismocratic system.
What does this mean for an average or free listener whose head is not the general law faculty, with the extended scope of constitutional and administrative law? This means a good chance to get to know the basic concepts on which the extended regulation of law is supported, with permanent (stairs, staircases) and mobile (stairs) communication lines both outside and inside this building.
For the discerning listeners, the first subject of the proposed lectures by Adam Bodnar was hard to specify the issue legal basis, which would justify the organisational steps taken, within public media institutions (TVP and Polish Radio), including the governing staff of the general courts and the full territory of the prosecutor's office, indicating only the willingness (and not the ability) of the legislator to implement resolution proceedings.
In principle, it should be considered unconstitutional that, in the basic order of constitutional standards, the scope of the legislature's action violates citizens' individual rights under the constitutional right to legislate under constitutional representation (Article 4 of the Constitution of Poland).
The law (laws) applies if there is inactive a origin for it.
Thus, following the change of the incumbent legislature in 2024, it would be an immeasurable function for the president of RO to limit himself only to vetoing laws, thus preventing or obstructing the introduction of fresh statutory solutions aimed, for example, at curing the full legal strategy or part of it, but only for the sake of Poland and the well-being of citizens.
Such a situation has already been faced in 2015, erstwhile the state of the law did not warrant citizens the appropriate protection of their subject rights (the unopposed environment), due to the defective deletion of Article 418 of the civilian Code on the basis of the judgement of the Constitutional Court of 04 December 2001 (Journal of Laws No 145, item 1638) which was declared incompatible with Article 77(1) of the Constitution of Poland. It should so be in this case that the committee of parliament should be appointed to examine the reasons for the (so harmful to the citizens) judgement cited by the then composition of the Constitutional Tribunal, with Mark Safjan as the then president.
The current situation, which resulted from immediate changes in the personnel, in the public institutions mentioned, at the initiative of Prime Minister Donald Tusk, is simply a reflection of the defective action of the state authorities, indicating the flawed government of the erstwhile squad led by Jarosław Kaczyński, who did not anticipate a consequence from stronger than himself.
In particular, therefore, all organisational shortcomings have come to light, in the strategy of liable state management, including a complete interior safety buffer, which should stabilise and keep the work of civil, judicial and prosecutorial services in the situation of a truly hostile takeover of the state, e.g. as a consequence of the usage of force.
Also exposed was the impotence and shortsightedness of the president of Poland, who as a kid in the fog was played by the fresh Prime Minister Tusk. This means that it is Donald Tusk, for the second time as the head of the Polish government, who will be more efficient to join ranks of loyal collaborators, than the smartline staff centered around the widely defined right, as you can see the principles of fierce political play.
In the past, there was a case erstwhile Hanna Gronkiewicz-Waltz was erstwhile president of Warsaw, and from day to day she ordered the execution of the merchants from the Palace of Culture, utilizing a private safety company, not police officers.
On the another hand, it is simply a shame that Jarosław Kaczyński and a private safety company engaged in his own protection, and leaving the public institutions mentioned and erstwhile ministers and deputy ministers of the erstwhile government of Mateusz Morawiecki without appropriate protection.
This infirmity has its far-reaching consequences, as it allows for the free improvement of the situation even then, without showing determination in the effective rejection of possible enemy from Polish affairs, in the case of interference of external forces in the upcoming president elections in Poland.
Pointing to the favour of the fresh US president Donald Trump, waiting for his engagement and giving possible support to the PiS against the PO, is simply a sign of helplessness alternatively than cunning, and harms Poland's image in the same way as media repressing Putin as the Russian president, suspecting him of the influence of Russian services in the democratic systems of the European state, to the detriment of right-wing governments.
Such a kunktatoric (assertive) approach does not hold up simply due to the fact that it openly contradicts the ability of Polish services.
So far, with expanding interest, we should follow Adam Bodnar's subsequent speeches as Minister of Justice and Attorney-General, addressing the public with lectures on false doctrine of law and showing applicable methods of remedying crises in the state administration, pointing to the staged (hoarded) origin of incidental law.
Poelcamy also: Known judaic author accused of molestation
