Polish president proposes overhaul of Russian influence law days after signing it

President Andrzej Duda has proposed major changes to legislation that he signed into law only four days ago creating a commission to investigate Russian influence.

His U-turn follows expressions of concern from the United States and European Union that the commission could be used for political purposes by the ruling party against the opposition during this year’s election campaign. A wide range of legal experts in Poland have also warned that the legislation is unconstitutional.

The amendments the president has proposed, which he said will be submitted to parliament today, would significantly reduce the powers of the commission – including removing its ability to ban people from holding public office – and change how its decisions can be appealed.

Duda’s proposal contains three elements. First, he wants to withdraw the commission’s ability to punish those deemed to have acted under Russian influence by banning them from office, from receiving clearance to access confidential information, and from owning weapons.

Instead, Duda wants the commission to be able to issue a “statement that a person who was found to have acted under Russian influence cannot guarantee the proper performance of activities in the public interest”.

Second, Duda wants to change the way in which people can appeal against decisions issued by the commission. Instead of going through the administrative court system, appeals would be made through common courts.

Moreover, appeals would be dealt with by a court in the person’s place of residence, rather than by the court of appeal in Warsaw (which is led by a judge seen as close to the government).

Finally, the president wants the law to specify that members of the commission could not be sitting members of parliament. This is attended to address concerns that the body would be politicised.

However, given that the legislation would still, as it does now, empower the lower house of parliament, the Sejm, where the government has a majority, to choose the members of the commission, there will remain concerns from the opposition that the body would be filled with political appointees.

Additionally, Duda said he would like the commission to function more transparently, in particular by making its hearings public apart from in cases where they deal with highly sensitive information.

The proposed changes “remove a lot of the controversy that has arisen and I hope will placate at least some of the commentators”, said Duda in a speech today unveiling the plan.

The president also suggested that the aim of his changes is to call the bluff of “the opposition politicians who have shouted most loudly” in protest against the commission. If they do not approve the amendments, it will show that they are “simply afraid of possibly standing in front of the commission and testifying”, said Duda.

“Everyone will be able to see the broadcast [of hearings] in the media, listen to the questions that are asked, see how the members of the commission behave, how those who appear before the commission behave, and on this basis form their own opinion on how someone has held public office,” he added.

Duda’s decision marks a sudden and dramatic about-turn on legislation that he has this week been defending.

He told Bloomberg on Tuesday, for example, that he “doesn’t quite understand” criticism of the law from Washington and Brussels, which he suggested may stem result from misinformation spread by the opposition or misunderstandings based on bad translations.

Today’s announcement by the president was widely mocked by opposition politicians. Duda has effectively “vetoed his own signature”, tweeted Szymon Hołownia, leader of Poland 2050 (Polska 2050). He added that parliament will now have to “choose between the president’s opinion on Monday or the one from Friday”.

Hołownia, however, said that he still favours scrapping the law creating the commission entirely, a position also supported today by Władysław Kominiak-Kamysz, leader of the Polish People’s Party (PSL), which is allied with Poland 2050.

Tomasz Trela, a leading figure from another opposition group, The Left (Lewica), called the situation a “circus”.

Małgorzata Kidawa-Błońska, a deputy leader of Civic Platform (PO), the largest opposition group, asked: “Does the president even read what he signs?”

Even if the entire opposition voted against Duda’s proposed amendments, they could still be passed with the support of Law and Justice (PiS), the main ruling party, and its allies in parliament.

Today, PiS spokesman Rafał Bochenek appeared to hint at such support. He told the Polish Press Agency (PAP) that the president’s changes would still “preserve the main purpose of the law”, which is to “reveal the truth about the influence of Russian agents in Poland”.

Meanwhile, PiS Prime Minister Mateusz Morawiecki, who is currently on a visit to Canada, told the media that he had been unaware in advance of Duda’s proposal and said that he needed time to familiarise himself with the details before commenting.

Just yesterday, foreign minister Zbigniew Rau met with US secretary of state Anthony Blinken to discuss the Russian influence committee. Afterwards, Rau told Polish media he had informed Blinken that the State Department’s criticism of the law was “based on very political and biased” information.

Main image credit: Jakub Szymczuk/KPRP

Daniel Tilles

Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.