By Pola Michałek
The promise of a return to democratic rule with the formation of the current Polish government, where four parties hold a parliamentary majority—with the Civic Platform being the largest and the main opposition to the Law and Justice party, which has shown a disregard for the rule of law—does not necessarily guarantee that this will be achieved. The structures of courts and institutions, because of a selective following of the rule of law by the previous parties in charge, have a long way to go back to the standard way of conducting a democratic state.
The Civic Platform’s mission, outlined in its 2023 election program to restore democratic governance, is viewed by many as partially futile, to say the least, following allegations of a controversial judicial nomination made by the prime minister. The nominated judge has been a part of the massive illegitimate removal and nomination of new judges in key Polish courts. The nomination of a so-called “neo-judge” by the Polish judicial community has sparked significant controversy. Although the prime minister has described the move as a mistake, many view it as a form of political bargaining between the president and the prime minister. This perception is particularly prominent among judicial and political circles, especially given the context of a recent need to agree on a Polish candidate for the EU’s head commissioner role. The nomination of the aforesaid judge, with a later possibility of an appointment, goes against the opinion of the Strasburg tribunal. Its stance was first voiced after the massive dismissal of democratically appointed judges by the previous government, and current opposition, Law and Justice. These judges were replaced with the selection of a new judiciary made by the then-in-power politicians. The judges had been called in the Polish legal environment “neo-judges”, as the process of their choosing omitted the legal rules of appointment as well as dismissed the previous working personnel without viable reason to do so. The opinion, as well as the situation itself, has been often recalled by the current head of government as part of the dismissal of democratic values by the previously ruling party.
The accidental nomination of the neo-judge has been quickly dismissed as purposeful in the TVN evening news program “Fakty”. Even though the heads of several juridical environments have spoken in the program about the harm that this decision brings to the process of de-neo-judging the Polish courts, the TVN journalist presented the contra signature of Donald Tusk as a mere mistake, certainly not one that prevented the return of the rule of law in the Polish legal institutions.
Recently, it has been found by a journalist from “Wyborcza”, which is the biggest newspaper on the Polish market with a long history of objectivity dating back to 1989, that the new government tried to hide the problems of an institution under the control of the Ministry of Health. The Polish National Institute of Geriatrics had been accused of mishandling its funds as well as unprocedural use of its medical supply by the employees. These situations had been taking place long before the new government had been adjourned, but it was the current minister of health who first replaced the old chief of staff and later dismissed the new one after she wanted to uncover the things happening at the institute. The institute’s newly appointed specialist specializing in its growth has also been an employee for a long time for the TVN network station. The institute is said to be in debt for roughly 57 million PLN, translating roughly to 13 million euros.
Even more concerning than the chronic mismanagement within the institute is the lack of attention this issue has received from news outlets. None of the bigger news broadcasters have spoken about the issues regarding the improper management of the institute as of November 30th, 2024.
TVN is Poland’s largest private television network and has the highest viewership for evening news programs. According to April 2024 statistics the network’s evening programme has a following of more than 2,5 million watchers. Since the October 15th victory of the current ruling party comprising the majority of the government, the network has shown notable selectivity in highlighting mistakes made by coalition politicians, particularly those from Civics Platform, whose most prominent figure is the current prime minister, Donald Tusk. Since the ministry’s unfortunate cover-up came to light, the network has remained noticeably silent on the issue.
These two situations show the network’s biased treatment towards politicians from Donald Tusk’s party. The absence of coverage regarding the situation at the Institute of Geriatrics and the biased reporting on the judge’s nomination highlights a bigger issue. The news channel might benefit from Polish institutions’ struggle to return to the democratic track.
Civic Platform’s promise to restore democracy, which they emphasized during their parliamentary election campaign against the Law and Justice rule, may have shaped the perception of TVN journalists. This perception might suggest that a party holding the parliamentary majority is unlikely to breach the rule of law—a behavior frequently attributed to Law and Justice by TVN, international organizations, and various world leaders. Or maybe the network got too friendly with the Civics Platform members when both wanted the old government out. Regardless of the reasons behind the network’s bias, media in an electoral democracy are meant to serve as a vital component of the checks and balances mechanism system. Their main job should be to uphold democratic processes and prevent any effort by the government to undermine or dismantle democratic institutions. Currently, the reporting brought by the TVN network struggles with realizing this task. With that, the government’s mission of a return to democracy in Polish institutions is harder, as its mistakes are not taken seriously by the biggest private news broadcaster. This, in turn, may lead to a false perception of the quality of the government’s rule by the civilians.
Photo: Natalia Gasiorowska via unsplash
