The law of the land … for now

Although Poland's politics are some of the least stable in Central Europe, and certainly the most divided in terms of hostility between government and opposition, one of the few things upon which most politicians could agree was that Poland's constitution was - by Polish standards - a good document. Last week's announcement that a group of Democratic Left Alliance (SLD) parliamentarians have organized a review group on the constitution, with a view to introducing legislation that would change some of its most important aspects, was a signal that even this fragile consensus was about to be ruptured, opening up even further conflicts among politicians, and not just between political parties.

In comparison with other Central European countries, Poland was one of the last to revamp its constitution after the fall of communism. After 1989, failure to agree on the most crucial aspects of required constitutional reform meant that the most that was immediately achieved was a far-reaching amendment of the communist constitution that had been established when Joseph Stalin was still alive, in 1952. That amendment, passed in 1991, did away with some of the more absurd communist aspects but it was not until 1997 that a fully new constitution was passed and accepted by the electorate in a referendum. At the time, it was the subject of bitter political debate, since the constitution had been drafted in the 1993-1997 Parliament in which Poland's right-wing parties were not represented following their catastrophic defeat in the 1993 elections, and indeed Poland's right organized a nation-wide "vote no" campaign. To the right's credit, however, once the new constitution came into play, it swung behind the document and there were few serious suggestions that it be substantially changed.

That was the situation until last week, when the SLD parliamentarians announced their plans. The main changes proposed include inserting a clause that would mandate elections be held at the same time every four years, in the spring, ostensibly to make easier budgetary planning for incoming governments. But the most controversial proposal that the SLD seems intent to make good on is the idea to abolish Poland's Senate, the upper chamber which currently acts to amend legislative mistakes and omissions voted through by the lower house of Parliament, the Sejm. In response to questions as to why the need to abolish the Senate, the SLD leadership remains vague, muttering only about "waste" and the circular argument that it needs to be abolished because its abolition was promised in the election manifesto.

It is true that the Senate does not enjoy the power and prestige of the lower house, but most neutrals would agree that it has more than proved its usefulness over the last few years in amending the more careless legislative errors, or downright dangerous political ideas, that frequently emanate from the Sejm. Most parties nominate candidates who, although as political as their lower house colleagues, can genuinely make a claim to experience and talent. If there is a criticism to be made of the Senate it is that its election method - on the same date as parliamentary elections, and with a first-past-the-post system - does not sufficiently distinguish it from the lower house. Usually the same party dominates both. In setting about its attempts to change the constitution, the SLD has engineered the prospect of more political conflicts among both its enemies and even friends. Already, Poland's right-wing parliamentary opposition has made it clear that it will oppose the changes, in an interesting reversal of roles from four years ago. Now it is the SLD that is voicing disapproval of the constitution, and the right defending it. More interestingly, the proposal of the SLD parliamentarians - supported it seems by the Prime Minister Leszek Miller - has provoked the opposition of President Aleksander Kwaśniewski himself.

Kwaśniewski of course, as a parliamentarian, was the original chair of the parliamentary commission that drew up the 1997 constitution, and so he feels that the proposed changes are an indirect criticism. He also recognizes that the quality of Polish lawmaking is poor, and that the removal of the filter of the Senate will do more harm than good. Finally, even some SLD senators - now that they have experienced the delights of political power - have voiced disquiet at voting themselves out of existence. It is difficult to understand why the SLD government, already under public fire, is intent on opening up conflict on another political front among itself, and the opposition, president, and even its own supporters. That however, seems to be the prospect over the next few months, ensuring that the road to political stability in Poland will be even rockier than it is now.

Marek Matraszek is the Warsaw director of CEC Government Relations. He can be e-mailed at director@cec.com.pl