Acceptance Speech Professor Adam Bodnar

Distinguished Guests,
Ladies and Gentlemen,

On behalf of His Excellency Mr. Donald Tusk, Prime Minister of the Republic of Poland, I wish to express our deepest gratitude for the conferment of this esteemed and prestigious award. The Prime Minister considers this honor particularly meaningful, given the distinguished individuals who have previously been recognized. Regrettably, due to pressing obligations at home, Prime Minister Tusk is unable to be with us today. Nevertheless, I stand here today before you to represent him and to convey, as faithfully as possible, the reflections that we have jointly prepared.

Today marks a special moment in Poland’s history. It was on this very day, 35 years ago, that Prime Minister Tadeusz Mazowiecki delivered his inaugural address to Parliament, following the first free elections in a country that had been shut off from the world by the Iron Curtain. Poland sparked a revolution throughout Central and Eastern Europe, and soon after, the people of East Germany began their exodus to the West. A few short weeks later, the Berlin Wall crumbled, and on 12 September 1990, Germany was reunified. Fifteen years hence, Poland and other Central and Eastern European nations joined the European Union, heralding a new era where the borders that once divided us were erased.

I recall these transformative times vividly. I was just 11 years old when, in 1988, I set off on my first journey beyond Poland, traveling to East Germany. The borders were tightly sealed, and to teenagers like me, only visits to cities like Wismar, Schwerin and Rostock were relatively unrestricted. However, after the German reunification in 1990, the movement between our countries grew gradually easier. Trade flourished. The Viadrina University was established, and Poland embarked on its path towards becoming a fully democratic state, culminating in our accession to the European Union — a union defined by freedom, security, and justice. Since 2004, the bridges between cities like Słubice and Frankfurt an der Oder, or Zgorzelec and Görlitz, became not just mere border crossings but symbols of our shared destiny within the EU.

Poland’s accession to the European Union marked the beginning of one of the most prosperous periods in our nation’s modern history. We became a reliable economic and democratic partner within the Union. Under the leadership of Prime Minister Donald Tusk from 2007 to 2014, Poland strengthened its democratic institutions, championed the European integration, and played a pivotal role in drawing attention to the plight of Ukraine, particularly during the Orange Revolution. Importantly, during this period, the Polish government had upheld the essential principle of judicial independence. Prime Minister Tusk recently remarked that throughout the tenure of the former President of the Constitutional Court, Andrzej Rzepliński, they had met only once. This was a profound and symbolic affirmation that the distinct branches of the government can and should coexist in cooperation and mutual respect, yet without undue interference. Poland learned a valuable lesson during this period about fostering judicial bodies that adhere to the fundamental rule-of-law standards.

However, as you are certainly aware, the years between 2015 and 2023 saw a profound erosion of these fundamental guarantees of the rule of law and judicial independence. It is a lengthy and complex story, but to put it briefly, the ruline party at that time took significant cues from Viktor Orbán’s illiberal model, gradually transforming the state into a system where the Schmittian “political will” prevailed over the law. And it is only thanks to the tireless efforts of Polish citizens, the unwavering commitment of the civil society, the brave stance of our judges and prosecutors, and, lastly, the loyal cooperation of the opposition parties, that Poland was able to reclaim its democracy. The date of 15 October 2023 is now etched into the annals of our political history, alongside the pivotal date of 4 June 1989. The unprecedented 75% voter turnout was a resounding testament to the enduring faith of the Polish citizens in the democratic process.
At the present moment, we are engaged in a delicate and difficult process of restoring the rule of law. Our efforts are above all directed at rectifying the damage of the past, and at crafting a model of freedom, particularly in the areas of media and democratic mechanisms, with a special focus on the judiciary.

This is, without question, a sensitive and painful endeavor. We are fully aware that one cannot restore the rule of law by violating its core principles. However, we must also recognize that we cannot be held captive by the many institutional traps and hurdles left behind by the previous government. Creativity, determination, and patience are essential as we navigate this legal and political minefield. Simultaneously, the process of holding those accountable for past abuses must proceed, as the people rightfully expect justice. They must see that those who sought to undermine democracy will not escape unpunished. Yet, this process inevitably exacerbates societal polarization — a challenge we grapple with daily. With the above in mind, we nevertheless bring positive news for Europe and valuable lessons to share.

First and foremost, after those eight painful years, we now understand more keenly than ever that democracy is fragile. It is not something to be taken for granted. It requires constant vigilance and defense. Democratic institutions must be safeguarded, and the public must be consistently reminded of their vital importance. An independent civil society is essential, not only as a watchdog, but also as a means of educating citizens on fundamental democratic values.

Secondly, the protection of democracy relies heavily on the existence of a free and robust media. The resistance mounted by individual editors, journals, radio stations, television networks, and online portals was monumental. And even though the Law and Justice party sought to control both public and private media, paradoxically, investigative journalism flourished during this period. One cannot silence those who are committed to truth and integrity.

Lastly, in securing electoral victory and restoring stability in Poland, the Prime Minister and the democratic coalition had to convey to the citizens that our primary objective was to ensure the fulfillment of basic state functions. As outlined in Article 5 of the Polish Constitution: “The Republic of Poland shall safeguard the independence and integrity of its territory and ensure the freedoms and rights of persons and citizens, the security of the citizens, safeguard the national heritage and shall ensure the protection of the natural environment pursuant to the principles of sustainable development.”

It is important to underscore that the Constitution places the safeguarding of national independence and territorial integrity even before the protection of human rights or personal security. This is a priority we are feeling all too acutely in Europe today, where a new Iron Curtain threatens to descend due to Russian aggression in Ukraine. Poland, along with many other EU nations, is now facing the consequences of this war — from hybrid threats and provocations to acts of disinformation. At the same time, our border with Belarus is subject to continual destabilization.

For Prime Minister Tusk, it was clear that the Polish people needed to hear this message before elections. A government’s foremost duty is to safeguard the nation’s independence, territorial integrity, and secure borders. Only when this foundation is firmly in place, can the full enjoyment of rights and freedoms be guaranteed. It is essential to elect leaders who are capable, trustworthy, and competent in cooperating with other EU member states and international organizations to fulfill this vital mission. Only if you create this basic trust, you can take good care about implementation of public policies, included into the program of this or the other political party.

In this context, Poland remains steadfast in its commitment to a strong European Union, capable of defending itself against both internal and external threats. Achieving this goal requires a European policy grounded in solidarity and shared values. It is crucial that we listen to one another and avoid creating unnecessary divisions. However, we must also remain vigilant against real dangers. Ignoring or dismissing them is a grave mistake. We must address these challenges head-on with the full array of political tools at our disposal. Take the rule of law, for example — if citizens are not educated about it, if they have never set foot in a courtroom, how can they defend judicial independence when it comes under attack?
Listening to citizens is the cornerstone of any democracy. We must constantly attune ourselves to people’s emotions and expectations. In a democracy, there are numerous ways for engaging citizens and fostering their participation. While modern innovations in a deliberative democracy are valuable, at the heart of it all lies the fundamental task of listening and delivering meaningful results to voters. We must ensure that they feel part of the democratic process, and that their basic needs — their security, stability, and well-being — are met. As the ancient prayer goes: “From famine, fire, and war, deliver us, Lord.”

This is the sacred duty of every government, whether at the local, regional, national, or supranational level. Only when governments fulfill this duty, can they turn their attention to broader political objectives and successfully compete with different public policy options. This applies equally to the European Union, which must be strong, resilient, and effective in counteracting contemporary threats.

For the past eight years, we have demonstrated extraordinary resilience. Now, we are faced with the tremendous challenge of restoring the Polish democracy. We call upon our European partners to stand with us — not for our benefit alone, but for the sake of the entire European project, founded on shared democratic values. We call to mind that the open borders have become the symbols of European integration and that they cannot be simply removed by a one-sided political decision of any Member State.

Recently, in Gdańsk, we celebrated the unveiling of a monument honoring Lech Bądkowski, democracy fighter and the champion of the Kashubian regional identity. Donald Tusk, who considers himself a follower of Bądkowski, reminded us of his guiding principle: “Remember, always place common sense before ideology. Remember to distinguish between courage and bravado.” This principle has guided Donald Tusk and Polish civil society in their struggle for freedom over the past years. It is now our guiding principle as we embark on the path of the rule of law recovery. It must also serve as our compass in addressing the broader challenges facing Europe.
We must adhere to common sense and mobilize the courage. Don’t be guided by false ideologies. Face problems in a distinguished way, seek solutions fearlessly and do not destroy the achievements of this great Area of Freedom, Security and Justice we are living in today.