Prawnicy dla Polski [Lawyers for Poland], an association dedicated to upholding the legal order of the Republic of Poland, addresses the National Electoral Commission regarding the public statements made by Ms. Henna Virkkunen, Vice-President of the European Commission for Technological Sovereignty, Security, and Democracy, concerning plans to organize a „round table” on the presidential elections in Poland. Given the confirmed instances of external interference in Poland’s electoral processes during both the 2020 presidential elections and the 2023 parliamentary elections, we view this initiative as a serious and concerning attempt to influence the democratic elections of the Republic of Poland.
1.Confirmed Cases of Interference in Polish Elections
Recent analyses and reports indicate that interference in the 2023 parliamentary elections occurred both from European Union institutions and from the regime of Alexander Lukashenko. This information corroborates earlier concerns regarding the potential influence of external entities on the Polish electoral process. Furthermore, during the 2020 presidential campaign, the Vice-President of the European Commission, Ms. Henna Virkkunen, openly and unequivocally endorsed the candidacy of Mr. Rafał Trzaskowski. Such an act by a high-ranking EU official constituted a blatant violation of the principle of neutrality expected of European institutions and an infringement upon Poland’s democratic electoral process. In this context, the proposed organization of a „round table” on the 2025 presidential election raises legitimate concerns that it may serve as yet another attempt to influence the course and outcome of elections in Poland.
2.Lack of Competence of European Union Institutions to Organize and Supervise the Presidential Elections in Poland
Article 4(2) of the Treaty on European Union (TEU) explicitly states that the Union shall respect the national identities of its Member States, including their constitutional and political structures. The organization of presidential elections in Poland falls exclusively within the domain of national competence, as affirmed by Article 127 of the Polish Constitution and the provisions of the Electoral Code. EU regulations do not grant the European Commission or any other EU institution the authority to interfere in the electoral processes of Member States, including by organizing events that could influence the course or outcome of elections. Consequently, the proposed initiative constitutes an attempt to overstep the treaty-based competences of the European Union.
3.Violation of the Principle of Sovereignty of the Republic of Poland
Article 2 of the Polish Constitution establishes Poland as a democratic state governed by the rule of law, where the electoral process is based on the principle of the sovereignty of the Nation (Article 4 of the Polish Constitution). As the constitutional body responsible for safeguarding the integrity of the electoral process, the National Electoral Commission should take a firm stance against any actions that could compromise the independence of Poland’s electoral system. The organization of a „round table” at the international level in relation to the presidential elections in Poland risks undermining public confidence in electoral institutions and implying the existence of external mechanisms capable of influencing the election process. Consequently, such an initiative may constitute a violation of the principle of free and independent elections, as guaranteed by Article 127(1) of the Constitution of the Republic of Poland.
4.The Need for a Clear Statement from the National Electoral Commission
In light of the above, the Prawnicy dla Polski association urges the National Electoral Commission to take a clear and unequivocal stance on this matter.
In Particular, We Request the Following:
- Confirmation of the exclusive competence of the state authorities of the Republic of Poland in the organization and supervision of presidential elections, with an explicit statement that EU institutions have no authority to interfere in this process.
- A public response to the declaration made by the Vice-President of the European Commission, particularly regarding its potential impact on the legality and fairness of the electoral process.
- Informing the Polish authorities about potential threats resulting from interference by international institutions in the Polish electoral process, including an assessment of whether legislative or diplomatic measures may be necessary.
- A legal analysis of external influence on the electoral process in Poland during the 2020 and 2023 elections, along with steps to prevent similar violations in the future.
We emphasize that any attempts by external entities to influence the presidential elections in Poland – regardless of their form or intent – must be met with a decisive response from the relevant state institutions. As the guardian of electoral legality, the National Electoral Commission plays a fundamental role in ensuring that elections in the Republic of Poland are conducted with full independence and in strict compliance with the applicable legal framework.
Yours faithfully,
President of the Prawnicy dla Polski association.