波蘭政變進行中?警察進駐憲法法庭!總統震怒、總理圖斯克遭控奪權!
波蘭總理圖斯克政府派警察和特種部隊進駐華沙憲法法庭,試圖強行安插新任法官並暫停原庭長職務,引發總統納夫羅茨基緊急中斷訪問回國抗議。保守派指控此舉為政變,民眾上街抗議,這場憲政危機牽動了波蘭的司法獨立、歐盟政策及未來政治走向。
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波蘭這兩天發生了一場非常嚴重的憲政違紀。10月30日,波蘭警方出現在位於首都華沙的憲法法庭,一批新任法官進入法庭,而原本的庭長跟副庭長卻傳出被阻止進入。接著,一名新任法官宣誓暫停庭長跟副庭長的職務一個月。這件事情立刻引發政治風波。波蘭總統納夫羅茨基甚至中斷了非洲訪問,緊急返回波蘭,並且在深夜親自前往憲法法庭。到底發生了什麼事?
我們先看一下背景。2023年,波蘭現任總理圖斯克上臺之後,就一直想要推翻前保守派的政府對司法體系所做出來的改革。圖斯克認為前任政府控制了憲法法庭,破壞了司法獨立,所以他現在要恢復法治。但問題是,恢復法治難道你要先消滅該法治嗎?今年波蘭國會選出了新的憲法法庭法官,但是總統納夫羅茨基拒絕為其中五名法官主持宣誓,這五名法官於是改在國會舉行宣誓儀式,這是違憲的。總統不接受宣誓,就不能讓這些人做法官。
而不是改在國會宣誓。你們想一下,如果是傅崐萁跟韓國瑜要自行跑去跟中國籤和平協議,也不在乎臺灣政府跟民意在說什麼,將到民意啊。圖斯克的政黨現在支援度也只剩下30%。在這裡我要補充一下關於波蘭的體制,波蘭政治體制不是純總統制,也不是議會制,它是一個混合制國家嘛。總統是直選的,總理多數是議會多數黨的領導,行政院就是總理掌握嘛。那總統是三軍統帥,總統對議會透過的法案有否決權。
法案如果是被決了之後,他必須要回到國會,然後再表決,而且在表決的時候必須要得到60票以上的同意票,這樣才可以履行這個法律。所以總統的權力是相當大的。不過回到憲法法庭的部分,原本的憲法法庭庭長認為這些人沒有完成合法的程式,因此呢他也不承認他們是法官的身份。雙方就這樣子僵持不下,結果到了10月30日,其中一位身份仍然存在法律爭議的新任法官,竟然宣佈自己要接管憲法法庭,還要暫停原本庭長跟副庭長的職務,這就出現了一個很嚴重的法律問題:一個自己法官資格都存在爭議的人,到底有沒有權力撤換憲法法庭的領導人。
更值得注意的是,就連過去經常批評波蘭保守派政府的法律學者也開始質疑這一次停職的決定有沒有什麼法律依據。現在法律有公正,也就是波蘭的保守派,他指控圖斯克政府企圖爭取憲法法庭,甚至把這件事情形容成是政變。不過我認為,因為圖斯克現在民調非常之低,明年波蘭國會要選舉,圖斯克非常有可能會失去總理的這個位置,所以他先要有最後拼一下。知道圖斯克背後就是歐盟官僚體系,他們非常不滿波蘭保守派的政策,比如說在能源議題方面呢,跟美國合作啊,然後要有自助國防嘛,然後不允許讓歐盟強推的那些非法移民進來,這是很明顯就是歐盟官僚派這種全球主義的左派跟波蘭保守派、波蘭國家派之間的一個衝突。
波蘭憲法法庭的工作就是要審查政府所做的事情跟國會制定的法律有沒有違憲,它存在的目的就是限制政府權力。所以,不管今天執政的是左派、自由派還是保守派,都不能因為不喜歡憲法法庭的判決就直接跳過這個法律的程式。
圖斯克一直說他是在恢復波蘭的法治,但是保守派最主要的質疑是:如果你要恢復法治,那你自己採取的每一個行動也必須要清楚有法律的依據嘛?你沒有嘛?不能因為馮德萊恩不喜歡波蘭的憲法法庭或不喜歡納夫羅茨基總統,所以圖斯克就是要在波蘭這邊搞政變,不能因為你認為上一個政府做錯了什麼,所以現在可以用任何的方式來糾正法律,不是誰執政誰就可以決定法律應該要怎麼解讀。這場危機接下來怎麼發展仍然有待觀察。波蘭現在面臨的危機,它不只是一個總理圖斯克跟總統納夫羅茨基之間的一個政治衝突,它更牽扯到波蘭的憲法、司法獨立以及政府權力的界限究竟應該由誰來維護。
那麼今天我有邀請一個特別來賓,他是參加昨天在憲法法庭外圍的抗議活動,他是記者,也是我們愛國者聯盟的共同創辦人Philip Stachinski。Philip,歡迎來到我們的節目。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.