Krynica 2024: Institutional crisis in Poland: What are the ways out? Interview with Prof. Robert Gwiazdowski

Luc Williams

The crisis has been growing for years

Prof. Gwiazdowski emphasizes that the crisis in which Poland finds itself has been growing for many years. In his opinion, the situation resembles a “flood wave” that is constantly growing and with which we can now only try to cope, and it is too late to stop it. This analogy refers to various areas, such as law, the constitution or the judiciary, where the current problems result from earlier neglect and ineffective reforms.

Problems with the constitution

One of the main topics of the conversation was the constitution, which – according to Prof. Gwiazdowski – caused problems from the beginning. He recalled that he was in the group that appealed for its non-enactment, predicting that it would be a source of many difficulties. As it turned out, the constitution was indeed often interpreted in a way adapted to current political needs, which only deepened the legal chaos in the country. Prof.

Gwiazdowski drew attention to the fact that the constitution in Poland has never been perfect, and various attempts to reform it have failed, often due to the lack of political consensus.

Legal stability and business development

Legal stability is one of the key elements that entrepreneurs pay attention to. As noted by Prof. Gwiazdowski, the variability of regulations and their ambiguity make it difficult to plan and develop business in Poland. Companies need a stable legal framework to be able to function effectively, and legislative instability, as well as interpreting the law to suit current political needs, cause uncertainty and chaos.

The rule of law and equality before the law

An important element of the discussion was the issue of the rule of law, which – as emphasized by Prof. Gwiazdowski – should be based on equality before the law and on the certainty of regulations. Unfortunately, in Poland these principles are often violated. Law that is incomprehensible and ambiguous leads to a situation in which its enforcement becomes arbitrary. Even if the law is written clearly, its frequent changes mean that it is impossible to talk about legal stability, which complicates the situation even more.

Crisis in the judiciary

Prof. Gwiazdowski also pointed to the deep crisis in the Polish judiciary. In his opinion, judges, instead of striving to stabilize the legal system, often try to “rub their noses in” their political opponents, which leads to further escalation of the conflict. In order to ease tensions, Prof. Gwiazdowski proposed a rather controversial idea – taking away the right to vote from judges, which would prevent a situation in which their decisions are politically motivated.

“Let’s do our thing”

At the end of the conversation, Professor Gwiazdowski presented what he considered to be the only real solution to the current crisis: “Let’s do our part.” Teachers should teach, entrepreneurs should run their businesses, and judges should perform their duties in a reliable manner. Although this seems like a simple statement, it refers to the idea that the daily work and responsibility of every citizen can help survive difficult times, even if repairing state institutions seems impossible at the moment.

About LUC WILLIAMS

Luc's expertise lies in assisting students from a myriad of disciplines to refine and enhance their thesis work with clarity and impact. His methodical approach and the knack for simplifying complex information make him an invaluable ally for any thesis writer.