Poland’s Prime Minister Donald Tusk has sparked controversy by signaling his government won’t comply with a court-ordered payment to the opposition Law and Justice Party (PiS).
This stance comes despite the electoral regulator (PKW) greenlighting the release of the funds following a December court ruling.
Finance Minister Andrzej Domański initially stated the government would adhere to any PKW decision. However, on December 18, Tusk’s administration passed a resolution labeling the Supervisory Chamber of the Supreme Court and the Constitutional Court as illegitimate. This decision effectively undermined the courts’ rulings, including one restoring €25 million in PiS funding over four years.
The PKW originally barred PiS funding in August, citing alleged misuse of public funds during the 2023 elections. Although the Supervisory Chamber later overturned this decision, the PKW challenged the chamber’s legitimacy, referencing its creation under PiS leadership and judicial appointments criticized by the European Court of Justice (ECJ) as lacking independence.
On December 30, the PKW grudgingly accepted the court’s ruling but included a disclaimer questioning the legitimacy of the chamber. Tusk seized on this ambiguity, declaring on X: “This resolution makes it clear that the money is not and will not be there. That’s how I read it.”
Justice Sylwester Marciniak disagreed, asserting the finance ministry must comply with the PKW’s decision. He warned that rejecting the Supervisory Chamber’s authority could disrupt Poland’s presidential election in May, as the chamber handles appeals and certifies results.
Poland’s Ombudsman, Marcin Wiącek, also criticized the government’s refusal, stating, “It is inadmissible in a democratic state for decisions on the financing of political parties to be in the power of a minister who is a politician.” He emphasized that party funding must be distributed under the rule of law and overseen by independent bodies.
The PiS accused Tusk of violating the constitution. Former Prime Minister Mateusz Morawiecki argued that Tusk’s defiance of the court and PKW rulings could result in legal consequences under the penal code and at the Tribunal of State.
Although the European Commission lifted sanctions on Poland after Tusk’s government pledged to restore judicial independence, no significant reforms have been implemented. Critics now suggest Brussels is hesitant to push for further accountability, raising questions about the future of Poland’s rule of law.
