In fresh days Poland has become a political and legal arena of disputes that have shaken public opinion. The central point of these events is the investigation into the alleged "state attack", which was "initiated" by Deputy lawyer General Michał Ostrowski. This case concerns, among others, Prime Minister Donald Tusk, Speakers of the Sejm and the Senate, Head of the Government Legislative Centre and any judges and prosecutors. What precisely happened, and what are the consequences?
Investigation of the "state attack" – what do we know?
Advocate General Anna Adamiak informed on Monday evening that papers relating to the “investigation” of the “state attack” had been submitted to the PG secretariat. According to neo-TK neo-President Bogdan Święczkowski, suspects acted in a “organized criminal group” aimed at changing the constitutional strategy of Poland and influencing neo-TK, neo-KRS and the ultimate Court neo-Judge Manowska.
The national prosecutor Dariusz Korneluk stressed that lawyer General Adam Bodnar twice asked Proc. Ostrowski to issue papers related to the investigation. In the end, the papers were delivered to the PG Secretariat at 3 Postępu Street in Warsaw within the prescribed time limit.
Controversy around neoTK
The neoTK dispute has been going on for years, and the current form of this pato-institution is criticised by current authorities and any of the legal circles. The main allegation is the presence of alleged double judges, i.e. persons selected for places in the neoTK, which were already filled. In March last year, the Sejm adopted a resolution stating that taking into account the decisions of the Constitutional Tribunal issued in violation of the law could be considered a violation of the rule of legalism.
Since then, neoTK's “judgments” have not been published in the authoritative diary of the Laws. The government last December adopted a resolution stating that the publication of the decisions of the Constitutional Tribunal could lead to a consolidation of the regulation of law crisis. In January, neo-TK president Bogdan Święczkowski appealed to Prime Minister Donald Tusk to print 22 judgments of the Constitutional Tribunal issued in 2024.
Political background
In November 2023, then Prime Minister Mateusz Morawiecki appointed Michał Ostrowski as Deputy lawyer General. It was Ostrowski who initiated the investigation into the "state attack". On Thursday, Proc. Adamiak informed that a neo-TK worker personally delivered a closed envelope to the office of the National Prosecutor's Office, and then filed it with the Ostrowski Registry.
This has a clear political context. The PiS club reported 2 candidates for neoTK judges: Artur Kotowski and Mark Asta. However, for now there is no deadline for the Sejm to consider these candidatures.
Summary
The investigation into the “state coup” and the dispute over neoTK are events that divided Poland. The allegations made by neo-president neo-TK and the prosecution's actions rise many questions and doubts. Has there truly been an effort to change the Polish system? What will be the consequences of these events for the Polish judiciary? These questions will be answered in the coming months.
Read more:
Ostrowski passed on the "notice" of the neo-president of the Constitutional Tribunal about the alleged coup d'état to PK headquarters
