In 2017, then Deputy Prime Minister Mateusz Morawiecki, erstwhile advisor to Prime Minister Donald Tusk, said words that will stay in memory of the political phase of Poland for a long time. Recalling the thought of "the imaginary welfare of the nation," Morawiecki put this concept higher than the law, which caused a number of controversy. specified an approach was evident during the government's fight against the COVID-19 pandemic, erstwhile Morawiecki and his cabinet, in the name of higher values, ignored the existing laws. many memes appeared on the Internet, which showed regulations and presentations in PowerPoint as standing higher than the Constitution itself.
The conflict between Tusk and Morawiecki – “Bending the Law” as part of politics
Currently, erstwhile Prime Minister Donald Tusk besides gained a reputation as a individual willing to "bend the law". Recently, on the X portal, Tusk announced that "on the basis of a complaint by the ultimate Court civilian Chamber judges had decided to waive the countersignature", which net users postponed as another violation of legal principles. Morawiecki criticized his successor, even though he had previously admitted that the "good of the nation" could be more crucial than regulations. In fact, both politicians, regardless of organization affiliation, seem to profess a akin philosophy, whose roots go back to disturbing totalitarian ideas.
Evolution of political priorities – regulation of Law vs. Combating Democracy
Tusk's opinion changed after gathering with independent legal representatives and Justice Minister Adam Bodnar. This meeting, held on 6 September in the Chancellery of the Prime Minister, was intended to discuss the current legal situation in the country. As Tusk pointed out, part of the legal community disagreed with his actions, stressing that the repeal of the countersignature was not a continuation of erstwhile actions for the regulation of law. However, as Tusk himself stated during the legislature meeting, the government is now acting as a "fighting democracy". This concept, as he himself explained, means that in the fight for liberal democracy, the government will take steps that will not always comply with the letter of the law, but with higher values.
Bending law – past and consequences
Comparing the statements of Morawiecki and Tusk, you can see the common denominator. Both politicians, although representing different political options, mention concepts specified as "the good of the nation" or "restore the foundations of democracy" to justify actions that conflict with the existing legal order. This philosophy, as Friedrich August von Hayek noted, was characteristic of totalitarian regimes. Hayek stressed that in countries specified as Nazi Germany and Fascist Italy, the authority felt that "to act fairly, it must be freed from the chains of abstract principles."
In Poland, both Morawiecki and Tusk face the same challenge – how to balance between the interests of the nation and respect for the regulation of law. While Morawiecki has put "the good of the nation", Tusk now emphasises "liberal democracy" as a priority. Nevertheless, both approaches lead to akin effects – a weakening of legal principles and a strengthening of the political function of interpretations of the law.
Has the law in Poland lost its value?
These examples show the deep problems facing Polish politics. Has the law lost value in the name of political goals? Following fresh events, it appears that both the rulers and the opposition are willing to adjust the explanation of the law to their own needs, and the consequences of this approach may be unpredictable. It is worth recalling Hayek's words, who warned against a state "released from the chains of law", which yet leads to tyranny and chaos. In this context, Poland is faced with a key question – is it possible to reconcile politics with the law, or 1 of them must give way to the other?
Summary – What is next with the regulation of law?
The current situation shows that both Donald Tusk and Mateusz Morawiecki, despite their political differences, follow a akin principle: the end justifies the means. Is it good for Poland? Should the “fighting democracy” and “good of the nation” stand above the law? past teaches that this approach leads to destabilization. It is so so crucial that in political debate, we do not forget the fundamental values of the regulation of law and respect for the Constitution. Only then can 1 hope for a unchangeable future for the country.
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To Tusk, we're not Poles, we're enemies. "Fighting democracy" is the announcement of tyranny
