In Poland, “we must reestablish the rule of law step by step”

Former civil rights defender (2015-2021), Adam Bodnar, who is also attorney general, took office in December 2023 in the government of Donald Tusk after the victory of the democratic parties in the legislative elections.

The Pegasus spyware affair has taken on an unprecedented dimension in Poland. What does she say about the methods of the previous power?

In my eyes, it is just a piece of a puzzle that shows a broader context, that of progressive construction in Poland, from 2015 [date d’arrivée au pouvoir du PiS, le parti national conservateur Droit et justice]of an authoritarian system on the Hungarian model, where surveillance, certain mechanisms of repression or intimidation were used as methods of governance.

All this was linked to a strong feeling of impunity, because these things were never supposed to see the light of day, as if PiS should remain in power forever. It was an element of the political alignment of the intelligence services, the prosecution and the courts. The Pegasus affair is undoubtedly the most symbolic. If we could wiretap the head of the electoral campaign of the main opposition party, a prosecutor, a famous lawyer, that means that there were almost no limits in the destabilization of political adversaries. We are determined to clarify everything.

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What is the “Bodnar plan” which convinced the European Commission to release European funds owed to Poland in exchange for the restoration of the rule of law?

This involves adopting a series of laws which restore conformity of Polish legislation governing the functioning of justice with our Constitution and European standards. This legislation must once again recognize the judgments of the Court of Justice of the European Union as well as the European Court of Human Rights. The pillar institutions of Polish democracy – the Supreme Court, the National Council of the Judiciary and the Constitutional Tribunal – must regain their rightful constitutional rank, and can no longer be accused of having been brought into line. We must also repair the functioning of the common law courts and the public prosecutor’s office.

Implementing this plan is difficult because we do not have a constitutional majority to pass systemic laws. President Andrzej Duda [affilié au PiS] has the possibility of vetoing our texts. The Constitutional Court will also block these changes due to its politicization by the previous power.

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