Ordo Iuris Documents Rule-of-Law Violations by the EU-Backed Polish Government

Ordo Iuris

In response to the liberal left’s self-proclaimed “militant democracy” in Poland and numerous violations of rule-of-law principles by a government openly supported by EU institutions in Brussels, the Ordo Iuris Institute has launched the Rule of Law Observer portal. This website is dedicated to documenting breaches of the rule of law committed by public authorities since December 13, 2023—the date when the new left-liberal government, led by Donald Tusk, took office. Ordo Iuris will report on major governmental actions that undermine the constitutional principles, civil rights, and freedoms that form the foundation of the Republic of Poland’s legal order.

The Rule of Law Observer will be updated continuously. The Ordo Iuris Institute hopes these efforts will prompt the current government to cease further violations and that public opinion will mobilize in defense of the constitutional order. Ordo Iuris particularly urges all readers of the site to report any observed breaches of the rule of law using the submission form provided on the portal.

The Rule of Law Observer is available in both English and Polish.

Declaration by the Initiators – Signed June 16, 2024

The declaration below was signed last year by the project’s initiators: the Ordo Iuris Institute, the Lawyers for Poland Association, the All-Poland Judges Association, the Ad Vocem Prosecutors Association, the Warsaw Seminar on the Axiology of Administration, and the Institute of Justice Foundation:

Recalling the words of judicial oaths and the pledges made by members of the legal profession, we commit ourselves to the faithful service of the Republic of Poland, to strengthening the legal order of our Fatherland, and to safeguarding mechanisms that protect civil rights and freedoms. Through our actions, we aim to restore public confidence in the judiciary, ensure citizens’ access to an effective and impartial judicial system, and reestablish the proper role of our professions within it—especially with regard to judicial independence, professional ethics, dignity, and integrity in upholding the laws of the Republic of Poland, which are essential for preserving social order and civil liberties.

We are united by our concern for our Fatherland, which—according to Article 1 of the Constitution of the Republic of Poland—is the common good of all citizens.

In light of blatant violations of the foundational principles of the Republic’s legal system, we remind all actors that the rule of law, as enshrined in the Constitution, requires respect for the hierarchy of legal norms and mandates that all state bodies act only within the bounds of the law.

Faced with a deepening constitutional crisis—including challenges by the executive and legislative branches to judicial independence, the principle of legalism, and the foundations of a democratic state governed by law—we oppose the unequal treatment of judges, the illegal takeover of the public media, the National Public Prosecutor’s Office alongside lower-rank public prosecutors’ offices and the presidents of the courts, including the courts of appeal. We are also concerned about the projects being promoted by the government to politically remodel and limit the democratic legitimacy of the National Council of the Judiciary, the changes to the Supreme Court system, as well as the announced dispute over the Constitutional Tribunal’s jurisprudence, which enjoys the status of ‘the last word’ in light of the Constitution.

The organizations we represent commit to working closely together to rebuild a stable, independent judiciary and to restore respect for the Constitution, the legal system, and the foundational principles rooted in European and Christian legal traditions.

Our cooperation will reflect the diversity of our professions, united in the shared goal of halting the collapse of the legal system, which is now apparent in nearly every area of state functioning.

As representatives of the legal community—including judges, prosecutors, attorneys, legal advisers, bailiffs, notaries, and scholars— we declare that we shall oppose all acts of lawlessness, condemning the perpetrators and their deeds, and we will undertake to take all measures to call to account those who, while using the slogan of ‘restoring the rule of law’, are violating the Constitution of the Republic of Poland as well as those legal customs inherent in the European cultural tradition. Through our cooperation, we will not only document violations of the Constitution but also seek future accountability for those responsible for the current systemic crisis.

We also unanimously declare our intent to bring to justice those who committed acts of judicial lawlessness during martial law [under Communist rule in the 1980s] and who have since held public positions, regardless of their current roles. We owe this pursuit of justice to those who sacrificed their lives for an independent Poland.

Recognizing the professional opposition—and often the disdain—with which the actions of the authorities are received in our circles, we appeal to those judges, advocates, prosecutors, legal advisers, and bailiffs, as well as those notaries who wish to serve a law-abiding homeland, where equality before the law, justice, and human dignity shall receive appropriate legal protection. There is a place for you among us.

It is time to express firm support for the objective constitutional order. It is time to categorically reject the legal relativism which is encapsulated in the Prime Minister’s memorable words about ‘the law as we understand it’.

We are fully aware that this stand will provoke strong opposition from vested interests, political factions, and elements of the state apparatus. Nonetheless, we are convinced that the moment has come for the legal professionals of the Republic of Poland to uphold the highest ideals and principles upon which the legal and constitutional order of our Fatherland was built—drawing on the legacy of the First and Second [Polish] Republics and committed to preserving over a thousand years of national heritage for future generations.