The statement of the Institute of Public Affairs (IPA) concerning the signing by the President of the Republic of Poland of the Act on the State Commission for Investigating Russian Influence on the internal security of the Republic of Poland in the years

On 29 May 2023, the President of the Republic of Poland signed the Act on the State Commission for Investigating Russian Influence on the Internal Security of the Republic of Poland in 2007-2022, adopted three days earlier by the Sejm of the Republic of Poland.

 
On the basis of unanimous expert opinions and our own knowledge, we categorically state that this Act is incompatible with the Constitution of the Republic of Poland as  well as with the basic principles of democracy and rule law. The entry into force of this law constitutes another dramatic step in the process of dismantling democracy in Poland. The hostile takeover of the constitutional order in Poland resulting from unconstitutional and anti-constitutional actions of state bodies has been ongoing since 2016.  

Of particular significance in this context is the granting of broad powers to the Commission by law, including the ability to decide on the temporary withdrawal of the right to hold many public functions from designated persons. Thus, the Commission, controlled by the ruling party, encroaches on the competence of independent courts. This constitutes a profound violation of the principle of the tripartite division of power as one of the foundations of democracy in the Republic of Poland. The passing of the law in an election year creates reasonable grounds for the conclusion that it may be used by those in power to extra-constitutionally restrict the functioning of civil society, including political parties, associations or foundations. This raises obvious associations with the mechanisms of destruction of democracy in Russia and other totalitarian and authoritarian regimes. 

Professor Mirosław Wyrzykowski
Chair of the IPA Board of Trustees

Professor Monika Płatek
Chair of the IPA Advisory Board

Dr. Jacek Kucharczyk
President of the IPA Executive Board