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Przemysław Czarnek for Gazeta Polska: “We Must Break with the Third Republic. A Plan for a New Constitution”

“Breaking with the Third Republic also means changing the system of governance in Poland, because the current system is extremely harmful to the country. In the new reality, we need a new Constitution,” says former Minister of National Education and PiS MP Prof. Przemysław Czarnek in an interview with Gazeta Polska. The politician predicts difficult cooperation between Karol Nawrocki and the current government and promises to reinstate mandatory homework in schools if the right returns to power.

PiS is proposing work on a new Constitution, the outlines of which the opposition is set to discuss after the summer. What should the new basic law include? Will it be a complete break with the Third Republic?

If the situation arises that in the next parliamentary term a constitutional majority is achieved in both the Sejm and the Senate, then yes – it would be the right moment to break decisively with the Third Republic. Breaking with the Third Republic also means changing the system of governance in Poland, because the current one is extremely detrimental. We are dealing with a constitutional limbo between presidential, semi-presidential, and parliamentary-cabinet systems – and with the “teeth knocked out,” so to speak, regarding the president’s powers. This calls for broader reform. As you, the editor, mentioned – it must be an unequivocal break with the Third Republic.

The Constitution is vague when it comes to foreign policy responsibilities shared between the government and the president, and the Constitutional Tribunal’s ruling during Lech Kaczyński’s presidency was a Solomonic compromise. The court ruled that the Prime Minister determines Poland’s stance in the EU, but the president may attend summits if he deems it appropriate as part of the cooperation between state authorities. Will PiS clarify these provisions?

That’s exactly what I meant. This is the system of governance – a form of parliamentarism with elements of presidentialism, as it’s called in academic literature. But in this case, under the current Constitution, it has nothing to do with rational governance. It’s simply the result of drafting a constitution first in opposition to Lech Wałęsa and then tailoring it to Aleksander Kwaśniewski after the post-communist victory in the 1995 presidential elections. This is also where the ambiguity in conducting foreign policy stems from. On one hand, under Article 126 of the Constitution, the president is the highest representative of the Republic of Poland, making him the head of foreign delegations, missions, etc. On the other hand, Article 146, paragraph 4 clearly states that the Council of Ministers conducts both internal and foreign policy. This contradiction causes numerous complications and misunderstandings. I’ll remind you that one of the consequences of this confusion was the Smolensk tragedy on April 10, 2010, and the separation of the visits of the Prime Minister and the Head of State to Katyn. Had there been a normal, functional system of governance – aside from all the other causes like betrayal or criminal acts – that catastrophe could have been avoided.

To change the Constitution, you need a two-thirds majority – 307 votes. PiS has 189 MPs, Confederation 16. You’re over 100 votes short. So it’s not possible in this term.

Indeed, it would be an extremely complex task. You’d need to persuade and “gather” a large number of MPs. I don’t believe such a constitutional change is possible during this term.

There’s been a lot of noise around Szymon Hołownia recently. Liberal-left circles are calling him a traitor, comparing him to Paweł Kukiz after his meetings with Jarosław Kaczyński and Adam Bielan. The Speaker of the Sejm is regularly subjected to insults, especially after Poland 2050 sided with the opposition in a vote on housing policy. Will you attempt to overturn the ruling coalition?

If we were to apply probability theory, the most likely scenario is that the coalition with Donald Tusk will survive until 2027. It will grow increasingly unstable – it’s already very shaky – but it will survive. However, it’s also not improbable that the current ruling camp could collapse like a house of cards, even this year. In such a case, we would indeed have to talk with Poland 2050 about what to do next. If the coalition falls apart, a new, constructive coalition would be needed – or, for example, the president could call early elections next spring due to a failure to pass the budget. Legally, there is also the option to dissolve the Sejm – though that’s the least likely scenario. Still, nothing is off the table – all options remain possible.

If you reach an agreement with Poland 2050, will politicians like Szymon Hołownia – who, for example, was involved in the failed attempt to terminate the mandates of Mariusz Kamiński and Maciej Wąsik – be granted leniency in future accountability efforts?

That’s a very detailed question that looks far into the future, and it’s difficult to give a definitive answer. But I can assure you: no one who commits crimes can go unpunished. That is absolutely clear. I’ll add, however, that forming coalitions is also the art of making certain compromises within the realm of politics.


The full interview is available in the current issue of Gazeta Polska. The weekly Gazeta Polska is also available through a convenient digital subscription. Check out the digital subscription offer HERE » prenumerata.swsmedia.pl or by calling: +48 605 900 002 or +48 501 678 819.

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