Communist-Era Law Still Used in Poland for Minor Pavement Markings

A recent court order has convicted an individual for inscribing "Do not disregard the right to transparency" on pavement outside a city hall using spray chalk. The act, deemed a misdemeanor under Article 63a of the Code of Misdemeanors, involved writing on public property without the manager's consent. Notably, the chalk used was washable, causing no permanent damage to the property.

This law, however, carries a controversial history. It was introduced into legislation in July 1983 by the communist regime, shortly after the declared end of martial law. Its purpose was to provide a tool for prosecuting the opposition, particularly for anti-regime graffiti and leaflets. Despite the change in government in 1989, the law was never repealed, with proponents suggesting it could still be useful.

The article contends that such laws, originally enacted to suppress citizens, persist and are actively used by the judiciary. This practice, it argues, signifies a systematic degradation of legal principles. The author criticizes the continued application of these laws, even after the ruling party that enacted them has lost power, suggesting that new governments often utilize the restrictive legislation of their predecessors. The piece highlights how laws initially criticized for infringing on civil liberties are retained and subsequently employed against the very citizens they were meant to protect, leading to what the author calls "injustice" rather than "justice."