The present paper raises the issue of cultural security in the programme-related ideas conceived by Prawo i Sprawiedliwość (hereinafter referred to as the Law and Justice or – to use an abbreviated term – PiS) in 21st century. In the present paper, the issues related to national identity and national culture were scrutinized, the former and the latter being two constituents of cultural security of the state.
Political programmes of the Law and Justice specified mainly the dangers to national identity in the context of European integration and of striving for the unification of European culture. On the other hand, in the realm of national culture, what was noticed was the phenomenon of neglecting the said issue and not considering it important from the point of view of security of the state.

The article deals with the issue of the internal historical politics of Law and Justice party (PiS) during their years of power in 2005–2007. From the very beginning, the party put an extreme importance to the issue of patriotism and national memory, making them one of their main objectives. With the inception of power in 2005, the leaders of this group clearly declared that the important goal of their actions would be to restore historical memory, which was to be initiated by the “new historical politics”. When analyzing the historical policy pursued by Law and Justice in the internal dimension, it should be noted that it focused on several key elements. The first of them was building patriotic attitudes among the Polish society. The historical settlement of the communist times became the second goal of the party’s historical politics. The past has begun to be used by the leaders of this formation also to stigmatize political opponents. Moreover, it served as an effective tool to both Kaczyński brothers for mobilizing their own supporters.

In this article, the author argues that the introduction of measures in Poland to remedy violations of the rule of law, particularly regarding the judicial system, does not require so far referring to the principles of transitional justice. The author loosely refers to Ernst Fraenkel’s concept of a dual state which is sometimes used to describe the political reality in contemporary Poland. In a dual state, there are two parallel realities, and apart from politicized organs there may also exist institutions that have not yet been captured by the ruling party, i.e. institutions that do not recognise the current, unconstitutional legal order. Therefore, according to the author, the assessment of the legal legitimacy of certain institutions or persons (including judges), after the restoration of the rule of law in the nearest future, may differ from the classic transition from a completely non-democratic to a democratic regime.