Prime Minister Donald Tusk criticized President Karol Nawrocki’s decision to refer the Windfall Tax Act on fuel companies to the Constitutional Tribunal. According to the head of government, the measure “could have financed cheaper fuel at gas stations.” He was answered by the Head of the Presidential Cabinet, Paweł Szefernaker, who argued that Tusk “is trying to convince Poles that imposing a new fuel tax would make prices at the pump fall.”
On Friday, President Karol Nawrocki referred the Windfall Tax Act on fuel companies to the Constitutional Tribunal for a preventive constitutional review. In the president’s view, the legislation violates the constitutional principle that laws should not apply retroactively.
On Saturday, Prime Minister Donald Tusk wrote on X:
“President Karol Nawrocki has made a shocking decision. He blocked a law that would have taxed the enormous profits of fuel companies, making it possible to finance cheaper fuel at our gas stations (the CPN program). Remember this the next time you’re at the pump.”
Another Tax
Later that same day, Head of the Presidential Cabinet Paweł Szefernaker responded. According to him, “it has long been clear that the current prime minister is an economic amateur,” and now, as he wrote, “is trying to convince Poles that imposing a new fuel tax would lower prices at gas stations.”
“Instead of introducing more taxes, please reduce VAT and excise duty, just as the Law and Justice (PiS) government did. That genuinely lowers prices rather than shifting additional costs onto drivers. President Karol Nawrocki has protected Poles from solutions that could have led to record-high gasoline and diesel prices,” he stated.
President Explains His Decision
Explaining why he refused to sign the bill, President Nawrocki said there were serious constitutional concerns surrounding the legislation.
“The law is scheduled to enter into force in August, but the tax would apply to income earned as early as the beginning of March. This amounts to an attempt to tax economic activity retroactively,” the president said, as quoted in the official statement.
He emphasized that one of the fundamental guarantees of freedom in a state governed by the rule of law is expressed in the Latin maxim Lex retro non agit – the law does not operate retroactively.
The president also stressed that he had “a duty to consider the consequences of this law for the budgets of Polish families.”
“After the expiration of the protective measures under the so-called CPN program, drivers have already experienced higher fuel prices. An additional tax amounting to as much as 60 percent of the tax base would ultimately be passed on to customers at gas stations. The bill would not be paid only by drivers. Farmers, transport companies, small businesses, and families buying food – whose prices also depend on transport costs – would all bear the burden,” he said.
The president added:
“A new tax does not lower fuel prices. Above all, it is intended to bring more money into the state budget. I cannot accept a situation in which an attempt to patch up public finances is presented to citizens as protecting their interests, when the real consequence will be another wave of price increases. Unfortunately, it appears that the government first lowered fuel prices for propaganda purposes and has now decided to present Poles with the bill.”