Dear Venice Commission,

I am writing to you as a citizen of the Republic of Poland and a member of the European Union community, driven by concern for the observance of the rule of law and the foundations of democracy. In recent years, I have been observing with concern the political and legal situation in Poland and the European Union, which has caused numerous controversies and raised questions regarding the observance of the principles arising from the EU treaties.

In 2015, the United Right won a parliamentary majority, which was a response to the restriction of many civil liberties by the previous majority. As part of the implementation of its program, a reform of the justice system was undertaken, which was aimed at streamlining the operation of the courts. However, in June 2015, the act on the Constitutional Tribunal was passed, which – according to many experts – violated the Constitution of the Republic of Poland by allowing the election of judges in advance. These actions were appealed, but the Constitutional Tribunal did not manage to make a decision before the elections.

The new parliament repealed the previous resolutions and appointed new judges, which was met with a sharp reaction from the then opposition. The changes introduced in the judiciary, including the method of electing members of the National Council of the Judiciary, sparked international debates and the launch of the procedure under Article 7 of the Treaty on European Union against Poland. These actions, combined with protests by judges’ associations such as Iustitia and Themis , led to anarchy in the justice system, with some judges openly questioning the status of other judges appointed after 2018.

Persons remaining judges do not give citizens of the Republic of Poland and other EU countries a guarantee of an impartial hearing of the case by an independent court, as referred to in Article 45 of the Constitution of the Republic of Poland and Article 6 of the Convention for the Protection of Human Rights and the key freedom.

I am observing with even greater concern the recent actions of the current parliamentary majority, which has systematically violated the provisions of the Constitution and other laws since the beginning of its term. The first decision was the forceful takeover of public media, and then the appointment of an illegal National Prosecutor, which undermines the legitimacy of all proceedings conducted by him. Another example is the systematic ignoring of court judgments by the executive and legislative authorities, which constitutes an open attack on the foundations of the rule of law.

The government’s actions, supported by part of the judicial apparatus and the prosecutor’s office, led to the arrests of opposition MPs, a priest and civil servants, and the exclusion of independent media from reporting on political events. Recently, there have also been suspicions of corruption in the structures of the European Commission, which additionally raises questions about the true scope of protection of the rule of law in the European Union. The lack of reaction from the European Commission and even the praise of Prime Minister Donald Tusk by the President of the Commission for restoring the rule of law is a huge shock to me. I would like to present in detail specific cases that illustrate the persecution of the opposition, the limitation of the role of the media and the links of some judges with an organized group supporting the current government in Poland. In particular:

1. Persecution of political opposition:
   • There have been cases of opposition MPs being detained on charges that the Constitutional Court has deemed unfounded. These detentions often take place during public events, including in areas such as the Presidential Palace, underlining their political nature.
   • The arrest of a member of parliament with the immunity of an international organisation, contrary to the principles of international law, raises particular concerns about respect for international standards.
   • The Minister of Justice systematically appoints politicized judges who are guarantors of convictions for opposition MPs, ignoring the basic principles of judicial independence. These actions lead to instrumental use of the justice system for political purposes.
2. Limiting the role of the media:
   • The current government has forcibly taken over public media, removing journalists critical of the government from their jobs.
   • Independent media have been excluded from attending government conferences, even during crisis situations such as floods, despite favourable court rulings that the government ignores.
3. The role of organized groups in the justice system:
   • The illegal appointment of the National Prosecutor has led to a situation in which numerous proceedings are affected by serious legal defects. Many of these proceedings concern criminal cases, including serious crimes.
   • Associations of judges, such as Iustitia and Themis , openly support political parties, which undermines the independence of the courts and violates Article 178 of the Constitution of the Republic of Poland.
4. Manipulation of electoral processes:
   • The decision of the State Electoral Commission to deprive the largest opposition party of financial resources, despite an approved financial report, was overturned by the court. The Commission refused to recognize this ruling, questioning the status of judges appointed after 2018.
   • The Marshal of the Sejm is actively involved in undermining court judgments that issue decisions unfavourable to the authorities, which leads to further degradation of the authority of the judiciary in Poland and destabilisation of the legal order.
5. Persecution of foundations and symbolic actions against religion:
   • On Holy Thursday, a Catholic priest and two female officials were arrested. The main accusation against the priest was that the foundation accepted state funds to build a center for victims of violence, which in itself is controversial because these actions were legal.
   • The foundation that ran the center was charged with administrative sanctions, including blocking its account, in what appears to be an attempt to destroy it. Such actions are seen as a symbol of political warfare against religion and an attempt to marginalize institutions that support Christian values.

These examples point to deep systemic problems, including serious violations of the rule of law and the independence of the judiciary. I therefore ask the Venice Commission to answer the following questions:

1. How is the influence of organised groups on the activities of the European Commission, courts and the Polish government monitored?
2. What steps does the Venice Commission intend to take to ensure that the structures of the European Union remain resistant to the influence of organised crime groups?
3. What control and accountability mechanisms does the Venice Commission recommend that be implemented to protect the rights of EU citizens in the context of the problems described?

I count on a solid analysis of the problems presented and specific answers to the questions asked. In the current situation, every citizen of the European Union should be certain that their rights are protected and the rule of law is respected throughout the community. Kind regards, [Name and Surname] Citizen of the Republic of Poland Due to the persecution and lack of judicial protection, please send your response to the President of the Supreme Court and the President plac Krasińskich 2/4/6, 00-951 Warszawa of the Constitutional Tribunal Warszawia  aleja Jana Chrystiana Szucha 12a