– “Responsibility is something that should be borne by others” – Napoleon used to quip. It appears that this mocking remark has been made into one of the chief principles of the Polish justice system – President of Employers of Poland Andrzej Malinowski writes for “Rzeczpospolita”.
The Regional Court in Gliwice banned the illegal strike at JSW on February 12th. However, the strike was known to be illegal on the day it commenced – January 28th.
Prosecutors in Gliwice were notified of this as early as February 5th. It took prosecutors twelve days to ask the JSW board to appoint the a representative who would inform the prosecutors of the strike.
– We should not expect a criminal procedure to solve a social conflict that runs so deep – said Prosecutor General Andrzej Seremet, absolving his subordinates of their indolence.
According to Malinowski, the prosecutor treating the prosecution of unlawful acts as dependents on the views of the culprits is a dangerous precedence. – The objective of regulations pertaining to protests, including strikes, is to ensure that they are resolved in a particular framework. This is why the dura lex, sed lex principle is so important. In a democratic state governed by the law, assessing the culprits’ intent and awareness and administering an appropriate penalty is the job of the court. The prosecutors and police are obliged to ensure that a trial takes place – remarks the President of Employers of Poland.
He emphasizes that people are willing to prosper at the cost of others, if only they know they can. – This is why abiding the law is so key – otherwise we will live in anarchy and solve our issues not by the power of arguments, but by arguments of power – concludes Andrzej Malinowski.