波兰政变进行中?警察进驻宪法法庭!总统震怒、总理图斯克遭控夺权!
波兰总理图斯克政府派警察和特种部队进驻华沙宪法法庭,试图强行安插新任法官并暂停原庭长职务,引发总统纳夫罗茨基紧急中断访问回国抗议。保守派指控此举为政变,民众上街抗议,这场宪政危机牵动了波兰的司法独立、欧盟政策及未来政治走向。
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波兰这两天发生了一场非常严重的宪政违纪。10月30日,波兰警方出现在位于首都华沙的宪法法庭,一批新任法官进入法庭,而原本的庭长跟副庭长却传出被阻止进入。接着,一名新任法官宣誓暂停庭长跟副庭长的职务一个月。这件事情立刻引发政治风波。波兰总统纳夫罗茨基甚至中断了非洲访问,紧急返回波兰,并且在深夜亲自前往宪法法庭。到底发生了什么事?
我们先看一下背景。2023年,波兰现任总理图斯克上台之后,就一直想要推翻前保守派的政府对司法体系所做出来的改革。图斯克认为前任政府控制了宪法法庭,破坏了司法独立,所以他现在要恢复法治。但问题是,恢复法治难道你要先消灭该法治吗?今年波兰国会选出了新的宪法法庭法官,但是总统纳夫罗茨基拒绝为其中五名法官主持宣誓,这五名法官于是改在国会举行宣誓仪式,这是违宪的。总统不接受宣誓,就不能让这些人做法官。
而不是改在国会宣誓。你们想一下,如果是傅崐萁跟韩国瑜要自行跑去跟中国签和平协议,也不在乎台湾政府跟民意在说什么,将到民意啊。图斯克的政党现在支持度也只剩下30%。在这里我要补充一下关于波兰的体制,波兰政治体制不是纯总统制,也不是议会制,它是一个混合制国家嘛。总统是直选的,总理多数是议会多数党的领导,行政院就是总理掌握嘛。那总统是三军统帅,总统对议会通过的法案有否决权。
法案如果是被决了之后,他必须要回到国会,然后再表决,而且在表决的时候必须要得到60票以上的同意票,这样才可以履行这个法律。所以总统的权力是相当大的。不过回到宪法法庭的部分,原本的宪法法庭庭长认为这些人没有完成合法的程序,因此呢他也不承认他们是法官的身份。双方就这样子僵持不下,结果到了10月30日,其中一位身份仍然存在法律争议的新任法官,竟然宣布自己要接管宪法法庭,还要暂停原本庭长跟副庭长的职务,这就出现了一个很严重的法律问题:一个自己法官资格都存在争议的人,到底有没有权力撤换宪法法庭的领导人。
更值得注意的是,就连过去经常批评波兰保守派政府的法律学者也开始质疑这一次停职的决定有没有什么法律依据。现在法律有公正,也就是波兰的保守派,他指控图斯克政府企图争取宪法法庭,甚至把这件事情形容成是政变。不过我认为,因为图斯克现在民调非常之低,明年波兰国会要选举,图斯克非常有可能会失去总理的这个位置,所以他先要有最后拼一下。知道图斯克背后就是欧盟官僚体系,他们非常不满波兰保守派的政策,比如说在能源议题方面呢,跟美国合作啊,然后要有自助国防嘛,然后不允许让欧盟强推的那些非法移民进来,这是很明显就是欧盟官僚派这种全球主义的左派跟波兰保守派、波兰国家派之间的一个冲突。
波兰宪法法庭的工作就是要审查政府所做的事情跟国会制定的法律有没有违宪,它存在的目的就是限制政府权力。所以,不管今天执政的是左派、自由派还是保守派,都不能因为不喜欢宪法法庭的判决就直接跳过这个法律的程序。
图斯克一直说他是在恢复波兰的法治,但是保守派最主要的质疑是:如果你要恢复法治,那你自己采取的每一个行动也必须要清楚有法律的依据嘛?你没有嘛?不能因为冯德莱恩不喜欢波兰的宪法法庭或不喜欢纳夫罗茨基总统,所以图斯克就是要在波兰这边搞政变,不能因为你认为上一个政府做错了什么,所以现在可以用任何的方式来纠正法律,不是谁执政谁就可以决定法律应该要怎么解读。这场危机接下来怎么发展仍然有待观察。波兰现在面临的危机,它不只是一个总理图斯克跟总统纳夫罗茨基之间的一个政治冲突,它更牵扯到波兰的宪法、司法独立以及政府权力的界限究竟应该由谁来维护。
那么今天我有邀请一个特别来宾,他是参加昨天在宪法法庭外围的抗议活动,他是记者,也是我们爱国者联盟的共同创办人Philip Stachinski。Philip,欢迎来到我们的节目。Alrighty, uh, Philip, thank you so much for agreeing to take part in my show. You've been up all night, as far as I know, right? That's correct. And thank you for having me, Stan. It's always great pleasure to speak with you.
Yeah, with fellow patriots, Philip, I have a question. What is going on right now in Warsaw with the Constitutional Tribunal? There are thousands of protesters because Donald Tusk and his government just tried to took over full control by force through force to take over the court, and so far they failed because President Navraski, when he was informed during his mid-flight to Senegal about the current situation in Poland, he turned around and came back asap to Warsaw, and drove just right back to the constitutional court. Yes, to block this process.
Why did Prime Minister do it right now? Because the issue with the constitutional tribunal it has been on the news for quite a while, starting in 2015, and there are different accusations, both from the current ruling party, the Civic Platform, right, and the Citizen Platform. The question is why now and why via such a brutal way of taking control of the constitutional tribunal? Well, Stan. First of all, we need to understand that yes, the dispute regarding the constitutional court is on since 2015, and this is true.
But the thing is, is the first time when someone decided to use police and special forces to take control over the tribunal. So that's the main difference. This is something new and never happened in Poland since the communist martial law of 1981. So it gives some very very dark flashbacks to the Polish people, and and why now? Well, because Donald Tusk is very perfidious person, you know.
So he knew that President Nawrocki will be abroad at the time, and probably will have no time to react for such an act. So this is the first thing, and the second is the nature of Donald Tusk and his coalition is very authoritarian in its nature. So Donald Tusk, as long as he has no full control over all of the independent institutions, he's not content about the state of the country.
He needs to have full control over all constitutional bodies, all the courts, all the media, and so on. And let me remind to our audience or people who for whom this topic is new that Donald Tusk already in 2023 he started his governing with ordering an illegal right on the Polish television against all laws, he just sent police and took the public media by force, just as he tried with the constitutional court.
Could you explain how the whole situation and the whole system works in Poland? This time, it is about the five justices that were not sworn in by President Nawrotzki, and then to try to circumvent the current Polish legislation and swear them in as prime minister. So they did that in the parliament. Could you just explain the whole situation? How did it work? What are the main points of confrontation between the government of Donald Tusk and the president, and also the former president of the constitutional court?
Well, so basically, just as you said, the judges they needs to be sworn in and accepted by the president of Republic of Poland. And this time they were not accepted by President Navrotsky. He had several questions, and there were some errors within the procedure of swearing in of these judges.
But and that's why Tusk is so frustrated because without these judges, he has no majority of sympathetic judges at the court, and the court is like a supreme court in the United States. So basically, every bill, every law could be blocked by the constitutional court in Poland, so without further discussion, he just decided to take it by force.
Well, this is very worrying, and I know that the Law and Justice Party politicians are accusing Prime Minister of PutaTa, he is trying to take power by force. Are there any political reasons behind it? Yeah, yes, Stan, but you know, framing is very important here because these are not accusations anymore when someone is using.Special forces and police to take constitutional bodies by force. It is indeed cuerta. It's not. It's not. It's. These are not accusations anymore. In fact, they are trying to turn Poland into an authoritarian state because there is no any other explanation and I think it's very important to name it by its name.
So, what is the political reasoning behind it? I know that Prime Minister is being very pro European Union and pro institutions of the European Union. Is it related to President Navrotsky being more supportive of Polish sovereignty and the relationships with EU, or is it something different? Well, the vast majority of Polish people, including President Navrotsky, are pro EU. The thing and the only difference between Tusk and his faction and the right in Poland is that one side wants EU as a super country, a federation of countries without sovereign nations within the union, and the other side, the right, wants the union of independent states of independent countries with his independent laws and so on.
It's just the liberal side who tried to portray the right as people who wants to tear apart the union, which is not true. I say this is what Tusk said yesterday, or the day before yesterday, that Nawrotzki and the Law and Justice Party are trying to dismantle EU and leave the European Union. What they want to do is to reform of European Union. Today, no doubt, there is huge need to reform the union, we can see multiply different reasons for that. Starting with migration, right? This is the most obvious. Ending with the fiscal politics, and what's more, their handler.
So, Berlin and Brussels. My assumption is that Donald Tusk's mission in Poland right now is to introduce euro currency to Poland and to break the whole resistance against this idea during his term. This is his main mission right now from Berlin and Brussels because the eurozone is in very bad situation right now. Germany is in a recession, and Polish people, majority of Polish people, including the liberals, they don't want. Most of us do not want to enter the eurozone. We want to stay with Polish zloty.
Yeah, this would be a disaster. Exactly. But once Polish deficit is growing in such crazy temper right now, you know, because they started when they were taking power in 2023. Our deficit was about like 20 billion, 20 billions losses, something like this, and today is 170 in 3 years. It's insane. So once Poland will be at break of collapsing when it comes to the public budget, public money, and the fiscal situation, then they can introduce euro as the only alternative to the total collapse of the Polish currency system.
Thousands of people took to the streets yesterday, and they are still protesting right now. The head of the Law and Justice Party, Jarosław Kaczyński, is also there. The former Prime Minister of Poland, Mateusz Morawiecki, was also seen on the streets yesterday. There are many conservative politicians. When you were there and you talked to the people, what do they say? What are their opinions on the streets right now?
First of all, they want to turn down the government, and they want to do it as quickly as soon as it's possible, before the end of their term, which will be technically in one year, but now most of them want to see election much earlier, and most of the people do not see any reasonable and do not see any sense in the current situation to be on and to go over like this anymore because it's completely unoperational, and we need to remember that Poland has a border with Russia. That there are act of Russian sabotage on already on Polish soil and drone incursion in Polish airspace all the time. And on top of this, they destabilize Polish domestic situation on the ground. Polish government de facto hand in hand with Putin's Russia with Lukashenko's regime, destabilizing Poland. So people want them to go. And even before that, in every single poll.In every single survey, the vast majority were pro-peace, pro-Konfederacja, pro-Rozwij Plus, and in favor of all the different right-wing, center-right, and nationalist factions. I’m pretty sure that in the first survey after Tusk started this latest crisis, their support will skyrocket.
What is the international reaction to these events? I can see huge support from the international community, especially from America, but also from Italy, France, Great Britain, and farther away, from places like Australia. So far, it has mostly been at the commentary level, from different public figures, but there are also a lot of regular, everyday internet users saying, “I stand with Poland.” We can see that it’s very similar to the situation in our country, when the left tried to take over our constitutional institutions, and so on. We can see signs of solidarity around the world, that’s for sure. The American ambassador to Poland, Thomas Rose, has already tweeted that the Americans are on Poland’s side, that they support Poland, and that they do not support any kind of aggressive, forcible methods for settling this dispute over the court. That’s a good sign for the near future development of the whole situation.
Final question: Could you give me your prognosis, your prediction for how the situation will develop? What will Prime Minister Tusk do, and what will President Nawrocki do? How will the situation with the Constitutional Tribunal develop?
It’s always hard to tell the future, with the crystal ball right in front of you, but I’ll try my best. First of all, as I said, the Polish right will win the elections next year. President Nawrocki beats all of his rivals in the public trust surveys, by about 50 percentage points, and after this, I think it will probably be around 60%. I think the right, under President Nawrocki’s leadership, can really take on and defeat Tusk and his coalition. That’s for sure.
Will they be ready, and is it possible to do it before the end of the term? That’s harder to predict, but the momentum and the emotions of the crowd suggest that it’s possible.
We also need to remember that there will be a huge event on November 11: the Independence March, on Polish Independence Day. It all started with Donald Tusk’s first and second governments. In 2011, the first Independence March was organized in Warsaw. The Independence March, a march of patriots, is an annual event when people travel to Warsaw from all over Poland—from towns, cities, and rural areas—to march with their flags, show their love for Poland, and usually express their anger at the government, especially Tusk and the liberals.
Last time, I think the march gathered about 300,000 people in Warsaw. I’m telling you, Stan, that this year there will be about one million people in Warsaw. That’s for sure. For my Taiwanese viewers, I think it’s important to say this, because they watch a lot of liberal media, CNN, and MSNBC: the Independence March is not a march of far-right nationalists, fascists, or whatever. It’s a march of people who love Poland and deeply love Poland.
Yes, that’s true. Listen, guys, our Taiwanese friends: even I don’t consider myself a nationalist. Since 2011, whenever I’m in Poland, in Warsaw, I always attend the march to show my attachment to my country. I’ve never seen any Nazis there, that’s for sure. Sometimes I see people with strollers and their kids. Of course, there are always some people acting in bad faith, hunting for something controversial and for some fascists, but usually it’s just impossible to find that. Otherwise, they have to stage some kind of spectacle to find one.
Thank you, Philip. Thank you, and all eyes on Poland now. All eyes on Poland. Pray for Poland. Okay, we will win. Justice will prevail. Thank you.