Polish President amends controversial law on “Russian influence” investigation commission

Polish President Andrzej Duda has amended a new law that would create a commission of inquiry to investigate “Russian influence” in national security and energy.

The new law caused bewilderment in Washington and Brussels, and the ruling party in Poland backtracked. According to the original text of the law, a nine-member administrative commission elected by the Polish Sejm will analyze the measures taken between 2007 and 2022 and, on this basis, may initiate a suspension of decisions taken as a result of “Russian influence”. Administrative penalties may be applied to relevant decision makers. Such penalties may include, for example, that the perpetrators may not be appointed for ten years to a position requiring national security scrutiny, or to a position in which the fate of public funds should be decided. The decision of the commission can be appealed to the administrative court.

According to the amendments proposed by Duda, an appeal will be possible in a court of general jurisdiction. National security scrutiny and provisions on public funds would be excluded from the legislation, and the commission would only be able to determine whether the person concerned acted “under the influence of Russia” and, therefore, it “does not provide the necessary guarantees for the proper conduct of activities of public interest.”

According to Duda, other amendments would increase the transparency of the commission’s work. As he explained, practically all the activities of the commission, in particular hearings, will be public, “with the exception of exceptional situations that fall under a very high level of state secrets.” According to the president, the amendments dispel the doubts expressed by the media and the opposition about the law on the commission. The President stressed that the current version of the law would not prevent any candidate from running in the upcoming parliamentary elections.

EADaily recalls that the European Commissioner for Justice Didier Reynders and European Commissioner for Values ​​and Transparency Vera Yourova expressed concern about the new Polish law. Reservations were also expressed by the US State Department. In response, the Minister of Poland for EU Affairs Shimon Shinkovsky vel Senk on Thursday called the reaction of the European Union bodies “disproportionate and hasty”, and the Polish Prime Minister Mateusz Moravecki and even proposed the creation at the European level of a commission to investigate “Russian influences”, similar to the Polish one.