Poland: Brussels denounces a controversial commission of inquiry into "Russian influence"

May 30, 2023

European Justice Commissioner Didier Reynders on Tuesday denounced the creation in Poland of a commission of inquiry into “Russian influence” capable of convicting political leaders without the control of a judge, half-threatening Warsaw with an infringement procedure.

Polish President Andrzej Duda on Monday gave the green light to the creation of this body described as “unconstitutional” and “Stalinist” by the opposition and many jurists, in the run-up to the legislative elections in the fall.

“We are particularly concerned about the adoption of a new law in Poland on a special committee which would allow (…) to deprive citizens of their right to hold elective office without there being any possible legal action,” said the Belgian commissioner as he arrived at a meeting of EU affairs ministers in Brussels.

“We can ask ourselves the question of whether we still respect the rules of access to justice, the rules of access to an independent judge when we are the subject of an administrative decision”, continued the official.

The European Commission “will not hesitate to take initiatives if the law is indeed in force and poses this type of problem”, he warned, thus raising the threat of a new infringement procedure against Poland .

In Washington, the State Department said it was “concerned” by the adoption of this new legislation “which could be misused to interfere with free and fair elections in Poland”.

Composed of nine members chosen by a lower house dominated by the populist nationalist camp, this body will be able to decide whether or not the country’s political leaders have succumbed to Russian influence in the years 2007-2022, and condemn them, without effective control of justice, warn observers.

The person found guilty may be banned from holding public positions related to access to public finances and classified information for 10 years.

Poland has already been the subject of several condemnations by European justice for its reforms accused of undermining judicial independence, which notably earned it a daily penalty of 500,000 euros.

The meeting of the General Affairs Council on Tuesday in Brussels is notably devoted to a hearing of the Hungarian and Polish ministers by their peers about the breaches of the rule of law in these two countries.