The demands of the MEP from Malta may lead to discrimination and violation of Poland's competences

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· The Ordo Iuris Institute has published a response to allegations made by Maltese MEP Cyrus Engerer concerning, inter alia, alleged discrimination against women and people with homosexual inclinations in Poland.

· The letter prepared by the politician was a reaction to the memoranda addressed by Ordo Iuris to MEPs, pointing to the non-discriminatory nature of Polish law.

· Cyrus Engerer in his letter made 43 allegations against Poland and promised a swift solution to the "problems of the LGBTIQ community" using the European Union.

· The Institute indicates in its analysis that the implementation of some of the MEP's postulates would be contrary to the Constitution of the Republic of Poland and international law and could lead to discrimination against certain social groups.

· Moreover, the announcement of the involvement of EU bodies in the intention to implement them may constitute an attempt to violate the division of competences by the EU.

In May 2022, members of the European Parliament received memoranda from the Ordo Iuris Institute, which, referring to specific data and legal grounds, indicated the non-discriminatory nature of the Polish legal order and the tolerant disposition of Polish society towards people identifying as "LGBT +". A few days later, the Institute received a reply from Cyrus Engerer, MEP of the Progressive Alliance of Socialists and Democrats, who, without making any reference to the substantive content of the memorandum, sent the Institute a list of 43 allegations, which he described as "the problems faced by the LGBTIQ community in Poland” and promised their swift solution using the European Union.

The MEP accused Poland of, inter alia, alleged "discrimination against women and their sexual and reproductive health and rights". In its analysis, the Institute stated that the Constitution of the Republic of Poland prohibits discrimination against anyone and establishes the principle of equality between women and men. Moreover, Polish law contains a number of provisions protecting women especially during pregnancy and in the perinatal period. In turn, the allegation of violation of women's 'sexual and reproductive rights' most likely relates to the issue of abortion. Ordo Iuris emphasizes that neither Polish nor international regulations provide for the concept of "the right to abortion". On the other hand, the issue of regulations protecting the lives of unborn children falls within the competence of the Member States of the European Union.

The institute also responded to the accusation of Cyrus Engerer that alleged discrimination against people with homosexual inclinations, consisting in the inability to get married or "civil partnership" or cohabitation. Lawyers indicate that the Polish state does not differentiate the possibility of getting married based on the sexual preferences of a given person. The authorities also do not interfere with the private lives of citizens, including those remaining in informal same-sex cohabitation. In turn, the special care that the Republic of Poland gives to marriage, which is a union of a woman and a man, results from its natural relationship with parenthood. Importantly, any pressure from EU bodies on states to create a legal possibility to formalize same-sex relationships is an unauthorized attempt to interfere with the substantive family law provisions of the Member States.

The Ordo Iuris analysis also addresses a number of other allegations, including alleged violation of freedom of expression, age restrictions to confirm "gender identity", no mechanism for verifying intersex people or alleged difficulties in donating blood by people with homosexual inclinations. The Institute emphasizes that a significant part of Cyrus Engerer's postulates is untrue or impossible to implement in Poland. This is not allowed by the provisions of the Polish Constitution and international obligations. In turn, other postulates of the MEP are already implemented in the Polish legal system. In addition, some of the deputy's demands are based on a call to grant privileges to certain social groups, while introducing discrimination against other people, with the criterion of discrimination being gender or sexual inclination. The Institute also emphasizes that the announcement of undertaking work on changing the legal order in Poland may constitute an attempt to violate the competences of the Polish state.

- This analysis was prepared, inter alia, to address the content of each of the demands of MP Engerer. For years, people associated with the so-called to the LGBT community, they presented themselves as activists committed to non-discrimination and the fight for gender equality. They explained their activity primarily by the desire for a "normal life" understood mainly as the elimination of bureaucratic difficulties, incl. in such situations as hospitalization of a person with whom they are related, or issues of inheritance and striving for tolerance for one's way of life in the broadly understood society. Demands sent by MEP Engerer have been formulated not even as “postulates for the future”, but as pressing problems that should be resolved efficiently and resolutely in Poland. This clearly shows that the aspirations of left-wing ideologists have long been not only clearly defined, but above all going much further than it is usually presented on a daily basis. The spontaneous response of Cyrus Engerer to the memorandum received from Ordo Iuris has de facto revealed the true face and intentions of his political faction, emphasized Anna Kubacka from the Ordo Iuris Center for International Law.