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Marlene Wind

@MwiWind

Prof. European politics and law at @uni_copenhagen 🇪🇺 Former Special Advisor to HR/VP | @EUI_EU alumni | Columnist at @Boersen
Uni of Copenhagen cep.polsci.ku.dk Joined June 2014
3.1K Following 11K Followers 20K Posts

Latest posts 5

Marlene Wind @MwiWind
Scary how a presidential candidate can communicate so much rubbish about what happened in Poland over the weekend. Tusk and his government has since 2023 desperately tried to restore the rule of law in Poland that PiS destroyed. It’s called judicial independence.
Marine Le Pen Verified account @MLP_officiel Nov 1
Les évènements graves qui se déroulent actuellement en Pologne autour du Tribunal constitutionnel suscitent une profonde inquiétude.

La suspension contestée du président du Tribunal, l’intervention des forces de sécurité autour de cette institution semblent s’apparenter à une prise de contrôle forcée d’une institution constitutionnelle.

L’indifférence de l’Union européenne et le silence des médias face à la crise polonaise suscitent de légitimes interrogations : on ne peut prétendre défendre la démocratie et l’État de droit et se taire lorsque l’équilibre constitutionnel d’un État membre est gravement menacé.

On ne restaure pas l’État de droit en donnant le sentiment de s’affranchir soi-même des règles qui le fondent.

La multiplication de ces coups de force au sein même de l’Union européenne commence à sérieusement interroger.
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Marlene Wind @MwiWind
Listen to Alberto ⬇️
Alberto Alemanno 🇪🇺 Verified account @alemannoEU Oct 31
Not really.

“Restoring the rule of law” is exactly what the EU and its Member States expect from the Tusk’s government, in line with the judgments of the Court of Justice.

To dismiss this as “an exceptionally effective piece of political messaging” is legally inaccurate.

This is not to condone the Tusk’s methods to attain that objective.

CC @EUCssrMcGrath @EUCourtPress Venice Commission @ProfPech @RULEOFLAWpl @ourruleoflaw_eu
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Marlene Wind @MwiWind
This thread is brilliant if you want to understand what’s going on in Poland. Good that Tusk pushes back against the illiberal tribunal which was never legal.
Artem Abramov Verified account @westandeast270 Oct 31
The situation in Poland is much simpler than all the talk of a “coup” suggests.

PiS, Jarosław Kaczyński’s party, which backed current President Karol Nawrocki, refused to recognise three lawfully elected Constitutional Tribunal judges back in 2015, together with then-President Andrzej Duda. Those judges were Roman Hauser, Andrzej Jakubecki and Krzysztof Ślebzak. PiS installed its own picks in their seats: Henryk Cioch, Lech Morawski and Mariusz Muszyński. Even after the Tribunal confirmed that the original three had been lawfully elected, PiS and Duda refused to respect its ruling. They put their own political interests above the court’s decision.

Yes, the previous PO–PSL coalition had also broken the rules by electing two additional judges before it was entitled to: Bronisław Sitek and Andrzej Sokala. But when the Tribunal ruled against those appointments, the coalition accepted the decision. Borys Budka even apologised on behalf of PO. PiS never complied with the ruling concerning the three lawfully elected judges. That difference matters. One side accepted an unfavourable ruling. The other refused to obey it.

The court’s membership changed over the years. Cioch and Morawski died in 2017 and were replaced by Jarosław Wyrembak and Justyn Piskorski. Muszyński’s nine-year term ended in December 2024. Other judges’ terms ended too. Seats became vacant, and new judges needed to be elected.

Poland’s Constitutional Tribunal judges are elected by the Sejm, the lower house of parliament, for nine-year terms. Donald Tusk’s governing coalition currently holds a majority there. That majority has the constitutional right to elect judges to fill those vacancies. PiS losing its parliamentary majority did not give it the right to block that process indefinitely.

The Sejm elected eight new judges. President Nawrocki accepted the oaths of three: Magdalena Bentkowska, Dariusz Szostek and Sławomir Patyra. But he refused to accept the oaths of the other five: Krystian Markiewicz, Maciej Taborowski, Marcin Dziurda, Anna Korwin-Piotrowska and Maciej Berek. They eventually took their oaths without him present, formally addressing them to the president.

The oath is required by law. But it does not give the president a personal veto over parliament’s choice of judges. He is required to accept their oaths. The Tribunal itself ruled on this back in 2015. In October 2026, the Venice Commission backed that interpretation and supported allowing judges to take their oaths without the president physically present if he blocks the process, provided the necessary formalities are followed.

Yet the leadership of the very same Tribunal where PiS had unlawfully installed its own judges refused to let the new judges do their jobs. The court’s president, Bogdan Święczkowski, insisted that they could not serve unless they took their oaths in Nawrocki’s presence. The president blocked the normal procedure, and the Tribunal’s leadership used that blockage to keep them out.

On October 30, Anna Korwin-Piotrowska announced the temporary suspension of Święczkowski and his deputy, Bartłomiej Sochański, and assumed leadership of the Tribunal. Lawyers dispute whether she had the legal authority to suspend them in that way. That specific step deserves legal scrutiny. It does not erase the obstruction that led to it.

I support Tusk’s efforts to end this obstruction, and I don’t buy the claims of a coup. PiS does not get to unlawfully install its own judges, refuse to respect court rulings, and then demand that everyone treat the situation it created as untouchable.

Tusk is right to push back. Judges elected by the Sejm should be allowed to do their jobs. The president has constitutional duties, not a personal veto over the court’s membership. And PiS has no permanent claim to Poland’s Constitutional Tribunal.
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Marlene Wind @MwiWind
Incredible how much Russian propaganda Prof. Mearsheimer lets out.⬇️
Clash Report Verified account @clashreport Jun 2
Prof. John Mearsheimer :

A number of European leaders have basically said we should fight to the last Ukrainian, which I find morally sickening.

The Ukrainians are going to lose this war. They should have quit a long time ago for their own good.

Ukraine is in a demographic death spiral, and we're encouraging them to throw bodies into the meat grinder when they're going to lose anyway.

The British, French, and German leaders are really enthusiastic about continuing the war, but that's because their people are not dying.
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