Judge Safjan started by outlining his lecture. He discussed post-1999 transformation of Poland, followed by the period after 2015 when the Law and Justice Party (PiS) took power, and concluded with some comments on the challenges to the restoration of the democratic rule of law in Poland.
According to Safjan, after Poland managed to emerge from communism through a peaceful revolution, it become a leader in successful democratic transformation, culminating in the country’s accession to the EU and NATO. In addition to the political changes, the reform process meant higher living standards, economic development, and change in social mentality. This process towards clear and precise goals with visibly positive results was halted by dramatic events which led to a deformation of democracy by calling into question the idea of rule of law – independent judiciary, protection of fundamental rights by a strong constitutional court, free media, and respect for minority rights.
Safjan argued that the election of the PiS in 2015 was the result of the divergences of consensus, expectations, and preferences of the quality of life between the elites and the rest of the population. According to the judge, benefits were unevenly distributed in Polish society. Such unequal conditions were painfully felt by the society, particularly when compared to the equality of communism, despite it being an equality of scarcity. Simultaneously, legal elites were arrogant and doctrinaire, failing to see the need for communication and observe that the principles of equality and economic development were differently applied in practice. The combination of the failures of the new post-communist system and the unwillingness of the elites to ensure the effective application of the principles of equality and economic development were capitalised by politicians who exploited them through demagogy and populism.
