Poland, ‘Lex Tusk’ [2023]

Poland, ‘Lex Tusk’ [2023]
Photo by Kamil Gliwiński / Unsplash

Key Points to Note in This Case

• New Legislation: In May 2023, Poland adopted a new law aimed at investigating alleged Russian influences on the Polish political system.

• Provisions: The law allows the state to deprive individuals of the right to hold public office.

• Commission’s Approach: The European Commission’s approach in this case is even bolder than in the LGBT-related Hungarian cases.

• New Argument Structure:

◦ Article 2 TEU: This provision is prominently featured in the Commission’s press release, marking a strategic shift.

◦ Article 10 TEU: Mentioned alongside Article 2 TEU in the context of the Commission’s arguments.

◦ EU Substantive Law: The Commission also argues that the Polish law infringes upon the General Data Protection Regulation (GDPR).