The politics of revenge

Of course the issue is far from settled, and the media will no doubt be saturated with acrimonious rhetoric up to and beyond Wednesday's deadline for the submission of vetting statements. But that glimmer was refreshing, nonetheless.

Although the Act was deemed unconstitutional, the fact that dissenting opinions were written by the majority of the Tribunal's judges reflected the fact that many Poles are not opposed to the vetting process, but rather to the obscene breadth of the Vetting Act in its current incarnation. The requirement, for example, that all journalists and CEOs of WSE-listed firms born before 1972 submit themselves to be vetted, is absurd.

Should the Act's proponents have their way, an unnecessarily large group of people - including a number of foreigners who wouldn't have given Poland a second thought before 1989 - will be drawn into a giant boondoggle. This would undoubtedly have an unfavorable impact on the expatriate business community, discouraging potential foreign investors who are already eyeing up cheaper-labor countries like Ukraine, Bulgaria and Romania.

In issuing its decision, it should be noted that the Constitutional Tribunal has also shown a good measure of courage. Members of the PiS government made a number of very public attempts to postpone the verdict, and undoubtedly some less public pressure was exerted. Sejm deputy Arkadiusz Mularczyk's quixotic efforts to accuse members of the Tribunal of collaboration with communist secret services simply strengthened the impression that the PiS government cares more about settling old scores - by any means necessary - than it does about actual justice.

Poland obviously needs to deal with its communist past, but using the Vetting Act to do so is like using a broadsword to perform brain surgery. Since the PiS government is unlikely to give up on its precious law, the strength of the judicial branch and the durability of Poland's constitution offer the most hope, if only a glimmer.